IN THE CASE OF: Mr. BOARD DATE: 18 March 2015 CASE NUMBER: AR20140005865 ___________________________________________________________________________ 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 the narrative reason for separation to include the reentry eligibility (RE) code. 2. The applicant states, in effect, he never had a physical condition or disability and the record is unjust because he was supposed to be able to return to the military. He was unjustly and unfairly treated by some Soldiers in his platoon; and some team members were stealing from him and writing threatening letters to his family members which resulted in him being stressed out. He desires to continue his career in the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 1 April 2014 b. Discharge received: Honorable c. Date of Discharge: 27 July 2000 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200, Chapter 5, paragraph 5-18, JFV, RE-3 e. Unit of assignment: A Co, 1-14th Infantry Battalion, Schofield Barracks, HI f. Current Enlistment Date/Term: 18 June1998, 3 years g. Current Enlistment Service: 2 years, 1 month, 10 days h. Total Service: 2 years, 1 month, 10 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 97 n. Education: HS Graduate o. Overseas Service: Hawaii p. Combat Service: None q. Decorations/Awards: AGCM, ASR r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 18 June 1998, for a period of 3 years. He was 18 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. He earned an AGCM; and he achieved the rank of PFC/E-3. He was serving in Hawaii when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-18, AR 635-200, for other designated physical or mental conditions, with a characterization of service of honorable. The DD Form 214 shows a Separation Code of JFV (i.e., physical condition, not a disability), with a reentry eligibility (RE) code of 3. 3. The applicant’s available service record does not contain any evidence of unauthorized absences, time lost, negative counseling statements or actions under the Uniform Code of Military Justice (UCMJ). 4. On 13 July 2000, Orders A195-04, DA, Headquarters, 25th Infantry Division (Light) and US Army Hawaii, Schofield Barracks, HI discharged the applicant from the Regular Army, effective 27 July 2000. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD 1. Discharge orders number A195-04, dated 13 July 2000 2. DD Form 214, dated 27 July 2000. 3. Enlistment/Reenlistment document dated 18 June1998. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149 in lieu of DD Form 293, a self-authored statement, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any information his 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 a change to the narrative reason for separation to include the RE code was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issues submitted with the application, there were insufficient mitigating factors to merit a change to the narrative reason for separation to include the RE code. 2. The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge. 3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-18, AR 635-200 by reason of physical condition, not a disability, with a characterization of service of honorable. Barring evidence to the contrary and applying the principle of government regularity, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant requested a change to the narrative reason for discharge to include the RE code. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-18, for a physical condition, not a disability. 5. The applicant contends he never had a physical condition or disability and the record is unjust because he was supposed to be able to return to the military. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention he was unjustly discharged. 6. The applicant further contends he was unjustly and unfairly treated by some Soldiers in his platoon; and some team members were stealing from him and writing threatening letters to his family members which resulted in him being stressed out. The applicant's contentions were carefully considered. However, a determination on whether these contentions have merit cannot be made because the facts and circumstances leading to the discharge are unknown. 7. Further, while the applicant may believe his stress at work was the underlying cause of his discharge, the record of evidence does not demonstrate he sought relief from stress through his command or the numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. 8. The applicant desires to continue his career in the Army. 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 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. 9. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 10. Therefore, based on the available evidence and the presumption of government regularity, it appears the narrative reason for discharge to include the RE code 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: 11 March 2015 Location: Washington, DC Did the Applicant Testify: NA Counsel: No Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA 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: NA Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: No Change 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) AR20140005865 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1