IN THE CASE OF: Mr. BOARD DATE: 22 April 2015 CASE NUMBER: AR20140004754 ___________________________________________________________________________ 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 a change to his narrative reason for separation and reentry code. 2. The applicant states, in effect, he was a good Soldier. The applicant contends he had issues dealing with his brother’s suicide, along with other family issues. The applicant contends he was never diagnosed with a personality disorder; therefore, it should not have been placed on his DD 214. The applicant states he would like to join the Air Force Reserve. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 March 2014 b. Discharge Received: Honorable c. Date of Discharge: 8 January 2004 d. Reason/Authority/SPD/RE Code: Physical Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3 e. Unit of assignment: A Company, 2d Battalion, 227th Aviation Regiment, 4th Brigade, 1st Cavalry Division, Fort Hood, TX f. Current Enlistment Date/Term: 23 April 2001 / 6 years g. Current Enlistment Service: 2 years, 8 months, 2 days h. Total Service: 2 years, 8 months, 2 days i. Time Lost: 14 days j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 15T10, UH-60 Helicopter Repairer m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 23 April 2001, for a period of 6 years. He was 20 years old at the time of entry and a high school graduate. He completed 2 years, 8 months, and 2 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Hood, Texas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows on 26 November 2003, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5-17, by reason of other designated physical or mental conditions, for being diagnosed by the Clinical Psychologist at Thomas Moore Health Clinic with dysthymia, personality disorder NOS, and foot problems. In addition, on 21 October 2003, the applicant received a Field Grade Article 15 for failure to report and overindulgence of alcohol and drugs. 2. The commander recommended an honorable discharge and advised the applicant of his rights. 3. On 3 December 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. 4. On 12 December 2003, the separation authority directed the applicant’s discharge with a characterization of service of honorable. 5. The applicant was discharged from the Army on 8 January 2004 with a characterization of service of honorable. 6. The applicant’s record of service indicates 14 days of time lost for being AWOL from 2 September 2003 until his return on 15 September 2003. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 4187 (Personnel Action), dated 30 November 2001, reflects the applicant was reassigned to D Company, 2-227th Aviation Regiment, 1st Cavalry Division, Fort Hood, Texas, effective 30 November 2001. 2. Two DA Forms 4187 (Personnel Action), dated 2 September 2003 and 23 September 2003, reflects the applicant’s duty status was changed from “Present for Duty (PDY)” to “AWOL” effective 2 September 2003 and from “AWOL” TO “PDY” effective 16 September 2003. 3. An Article 15, dated 21 October 2003, without authority, absent himself from his unit (030902-030916) and as a result of wrongful previous overindulgence in intoxicating liquor or drugs incapacitated for the proper performance of his duties (030916). The punishment consisted of a reduction to the grade of E-2, forfeiture of $645.00 pay per month for two months (suspended), and 45 days of extra duty (FG). 4. Two negative counseling statements, dated 17 September 2003 and 23 October 2003, for requested leave denial, AWOL, drunk on duty, and a directed mental evaluation. 5. Headquarters, US Army Medical Department Activity, Memorandum, dated 24 October 2003, written by AG, PH.D. Clinical Psychologist, states applicant carries the following diagnosis in accordance with DSM-IV: Axis I: Dysthymia Axis II: Personality Disorder NOS Axis III: Foot problems EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided a DD Form 293, dated 28 February 2014, a DD Form 214 covering the period of service under review. 2. Self-authored statement, undated, providing a detailed explanation of the events leading to his discharge and his post service. The applicant states, since his discharge, he has taken care of family matters and has had steady employment to include serving as a contractor for the Army in Iraq and Afghanistan. The applicant acknowledges he made bad decisions in the military; however, he believes that it was not fair to be diagnosed with a personality disorder after seeing a doctor twice in one month. The applicant is hopeful in that his separation code is changed, thus allowing him to be eligible to join the Air Force Reserve and seek federal employment. 3. Chief of Legislative Liaison Congressional Inquiry Division, dated 17 April 2014, requesting a status update of the applicant’s case that was submitted to the Army Review Boards Agency (ARBA) (5 pages). 4. ARBA response to Congressional Inquiry, dated 23 April 2014, reflects the applicant’s case has been assigned an Army Docket Number and is pending review by the staff of the ADRB before presentation to the Board. 5. Applicant’s resume, covering the period of April 2001 through the present, outlining the applicant’s qualifications, military and civilian experience, and military and civilian education (2 pages). 6. Character letter, undated, authored by Mr. J, a former Soldier. Mr. J states he and the applicant were stationed together at Fort Hood, as well as fellow contractors in Iraq. Mr. J states the applicant possesses excellent mechanical and leadership skills. POST-SERVICE ACTIVITY: The applicant states, in effect, he has been very productive with the military. He states he has no criminal record, has stayed employed, and went to school in Florida where he has received his A&P and FCC certifications. The applicant further states he went to Iraq and Afghanistan as an Army UH-60 mechanic, where he was placed in a supervisory role. The applicant has been in flight school for one year and works at Hill AFB on C130 as a depot level repairer. 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 a change in the narrative reason for his discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issue and documents he submitted, there insufficient factors to merit a change to the reason for the discharge and reenlistment code. 2. The applicant contends he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 3. The record confirms that on 24 October 2003, the applicant was diagnosed by a competent clinical psychologist as having (Axis I) Dysthymia, (Axis II) Personality Disorder NOS, and (Axis III) Foot problems. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service. 4. The applicant desires to rejoin the military service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 5. The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3 and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis. 6. The applicant contends since leaving the Army he has been employed continuously. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears these accomplishments did not overcome the reason for discharge. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 7. The third party statement provided with the application speaks highly of the applicant’s performance. It recognizes his good conduct after leaving the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, the statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 8. Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 22 April 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) AR20140004754 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1