IN THE CASE OF: Ms. BOARD DATE: 25 February 2015 CASE NUMBER: AR20140004690 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of her discharge characterization from uncharacterized to honorable. 2. The applicant states, in effect, that she was discharged due to a serious fall in training which caused permanent hip damage. She was given a 40 percent service connected disability rating immediately after discharge. She was discharged because she is no longer able to run and would not have been able to pass the PT test. She was told this discharge would get her home faster and they did not tell her it would affect her benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 13 March 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 25 May 2011 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3 e. Unit of assignment: C Co, 2nd Bn, 60th IN, Fort Jackson, SC f. Current Enlistment Date/Term: 15 February 2011, 3 years and 37 weeks g. Current Enlistment Service: 3 months, 11 days h. Total Service: 3 months, 11 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 15 February 2011, for a period of 3 years and 37 weeks. She was 20 years old at the time of entry and a high school graduate. She was attending training at Fort Jackson, SC when her separation was initiated. Her record documents no acts of valor or significant achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 6 April 2011, the applicant was diagnosed by competent medical authority with having low back pain that developed after a fall and continued to bother her as a result of the normal physical activitees required in training (prolonged standing, running, marching, and carrying gear). She had diagnostic studies to rule out significant bone or joint injury and they showed a stress injury to her sacrum but no acute fracture per the radiologist. She was not a PTRP or an EPTS candidate and didn't meet criteria for a Medical Board. As a result it was recommeded she receive a Chapter 5-17. 2. On 13 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition for being unable to complete basic combat training due to lower back pain. 3. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of her rights. 4. On 13 May 2011, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her own behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed action and recommended approval of an uncharacterized discharge. 5. On 17 May 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service. 6. The applicant was discharged from the Army on 25 May 2011 with a characterization of service listed as uncharacterized. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: A Memorandum dated 6 April 2011, from the Senior Physical Therapist at the Moncrief Army Community Hospital at Fort Jackson, SC, which recommended the applicant be separated under Chapter 5-17. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a copy of her Decision Letter from the Department of Veterans Affairs dated 19 August 2011, which awarded her 40 percent service connected disability, a copy of her enlisted record brief (ERB), dated 5 May 2011, and a copy of her DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None was provided with the application. REGULATORY AUTHORITY: 1. Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. 2. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  3. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered. However, after examining the applicant’s military records, the issue and documents submitted with the application, there are insufficient factors to merit an upgrade of the applicant's discharge. 2. The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with a lower back injury, which prevented her from (prolonged standing, running, marching, and carrying gear). As a result of the injury it was recommended the applicant be discharged. 3. The applicant contends she was discharged due to a serious fall in training which caused permanent hip damage and that she was given a 40 percent service connected disability rating immediately after discharge. The applicant's contentions were noted; however, her service was uncharacterized because she was in entry-level status. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. 4. A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant’s service record contains no such unusual circumstances were present and her service did not warrant an honorable discharge. The record does not contain any evidence of arbitrary or capricious actions by the command and it appears that all requirements of law and regulation were met and the applicant’s rights were fully protected throughout the separation process. 5. Further, eligibility for veteran's benefits to include medical and educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 25 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140004690 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1