IN THE CASE OF: BOARD DATE: 24 June 2015 CASE NUMBER: AR20140007537 ___________________________________________________________________________ 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 his discharge characterization of service from uncharacterized to honorable or general, under honorable conditions. 2. The applicant states, in effect, that he was discharged for medical reasons and believes his discharge should be upgraded. He contends he has been awarded from the Veterans Administration for his medical conditions. He went from the Army National Guard to Active duty because he thought he would have a long career; however, due to health reason he was not able to continue his career. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 April 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 16 October 2008 d. Reason/Authority/SPD/RE: Failed Medial/Physical/Procurement Standards, AR 635-200, Chapter 5, paragraph 5-11, JFW, RE-3 e. Unit of assignment: Reh Hold Unit (95AG), Fort Sill, OK f. Current Enlistment Date/Term: 16 July 2008, 4 years g. Current Enlistment Service: 3 months, 1 day h. Total Service: 2 years, 5 months, 2 days i. Time Lost: None j. Previous Discharges: ARNG-050412-050530/NA IADT-050531-050729/NIF ARNG-050730-070321/UNC (Break-in-Service) ARNG-080424-080715/HD k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 98 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 Army National Guard on 12 April 2005, for a period of 8 years. He was discharged on 21 March 2007. On 24 April 2008, he reentered the Army National Guard for a period of 8 years. After serving 2 months and 22 days in the Army National Guard, he was discharged pending his enlistment in the Regular Army. On 16 July 2008, the applicant enlisted in the Regular Army for a period of 4 years. He was 20 years old at the time of enlistment and a high school graduate. His record documents no acts of valor or significant achievements. He completed 2 years, 5 months, and 2 days of total military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 18 September 2008, an Entrance Physical Standards Board (EPSB) convened and based on the applicant's medical condition of conversion disorder and borderline personality disorder which existed prior to his entry into the Army; it was noted the applicant did not meet medical fitness standards for enlistment or induction under the provision of paragraph 2-27-g Chapter 2, AR 40-501. 2. On 22 September 2008, the approving authority approved the findings of the EPSB. 3. On 30 September 2008, the applicant indicated his disagreement with the proceeding because his condition was not disqualifying on entry and was aggravated by service (specific medical evidence that was in his record) and requested his case be returned to the medical approving authority for reconsideration. 4. On 30 September 2008, the unit commander recommended separation from the Service. 5. On 2 October 2008, the separation authority directed the applicant’s discharge. 6. The applicant was discharged from the Army on 16 October 2008, with a characterization of service of uncharacterized under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failed medical/physical/procurement standards, with a Separation Program Designator code (SPD) of JFW and an RE code of 3. 7. The applicant’s service record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: A Report of Mental Status Evaluation dated 1 October 2008, which shows the applicant was diagnosed with conversion disorder with motor deficit and borderline personality disorder. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a copy of his NGB Form 22 for a prior period of service, and copy of his DD Form 214 for the prior of service under review. The applicant indicated on his application he was submitting a VA decision letter; however, the document was not found attached to the application. POST-SERVICE ACTIVITY: None was provide with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, Chapter 3. 2. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However for Soldiers in entry-level status, it will be uncharacterized. 3. Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after a careful review of all the applicant’s military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant had a medical condition which was disqualifying for enlistment and it existed prior to entry on active duty. Subsequently, these findings were approved by competent medical authority. However, the applicant disagreed with these findings and the proposed action for administrative separation from the Army. 3. The applicant contends he was discharged from the military due to medical reasons and he has been awarded by the Veterans Administration for his medical conditions. The applicant's contention he has been awarded by the Veterans Administration for his service connected medical condition was noted. However, the evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his character of service to be rated as honorable or otherwise. 4. The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. 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 his separation is initiated while the Soldier is in entry level status. Further, 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 record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. 5. Therefore, the reason for discharge and the characterization 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: 24 June 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) AR20140007537 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1