IN THE CASE OF: Ms. BOARD DATE: 10 April 2015 CASE NUMBER: AR20140006409 ___________________________________________________________________________ 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 to upgrade the characterization of her service from general, under honorable conditions to fully honorable, and to change the narrative reason for her discharge. 2. The applicant states, in pertinent part and in effect, she was informed that her discharge would be based on an adjustment disorder, not a physical condition as listed. An Article 15 she submitted was part of her discharge that gives full detail of an incident but it does not provide for any injury. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 April 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 19 August 2005 d. Reason/Authority/SPD/RE Code: Physical Condition, Not a Disability, AR 635-200, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: Co B, Installation Support Battalion, Fort Dix, NJ f. Current Enlistment Date/Term: 23 October 2004, MOB Orders and term NIF g. Current Enlistment Service: 0 years, 9 months, 27 days h. Total Service: 7 years, 4 months, 23 days i. Time Lost: None j. Previous Discharges: RA (980720-990731) / HD USAR (990801-041022) / NA k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 116 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM; GWOTSM; AFRM-M DEV; ASR r. Administrative Separation Board: NIF s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant was mobilized pursuant to Orders on 23 October 2004, for a period NIF. She was 24 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator. Her record documents no acts of valor or significant achievement. She completed 7 years, 4 months, and 23 days of active duty and reserve service. 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. However, 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 on 19 August 2005, under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with a general, under honorable conditions characterization of service. 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. On 29 July 2005, Orders 210-0003, DA, HQ, USA Fort Dix, Fort Dix, NJ, discharged the applicant from the Regular Army, effective 19 August 2005. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There are no negative counseling statements available. 2. Discharge Orders described at the preceding paragraph 3. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement; DD Form 214 for service under current review; and an Article 15, dated 1 June 2005, for assaulting an enlisted Soldier (050104), and a continuation sheet listing additional offense(s) referred to is not available. The punishment consisted of a reduction to the grade of E-1, forfeiture of one-half of one month’s pay for two months (suspended), and 45 days of extra duty and restriction, (FG). POST-SERVICE ACTIVITY: The applicant provided none. 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. 4. 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 5-17, physical condition, not a disability. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge and to change the narrative reason for her discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issues and documents she submitted, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 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, AR 635-200, paragraph 5-17 by reason of a physical condition, not a disability, with a characterization of service of general, under honorable conditions. 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'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. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. The Article 15 she provided does not provide sufficient information on the facts and circumstances surrounding her discharge. If the applicant desires a personal appearance hearing, it would still be her responsibility to meet the burden of proof since the discharge packet is not available in the official record. 5. Therefore, based on what is available in the applicant’s record and applying the presumption of government regularity, it appears that the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 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) AR20140006409 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1