IN THE CASE OF: BOARD DATE: 12 June 2015 CASE NUMBER: AR20140008057 ___________________________________________________________________________ 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 uncharacterized discharge characterization to honorable. 2. The applicant states, in effect, the reason for discharge was not correct. The applicant contends, he was told after six months the characterization of his discharge can be changed to honorable. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 May 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 24 February 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: Company A, 46th Adjutant General Battalion (Reception), 1st Armor Training Brigade, Fort Knox, KY f. Current Enlistment Date/Term: 14 January 2004/3 years g. Current Enlistment Service: 1 month, 11 days h. Total Service: 1 month, 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: 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 14 January 2004, for a period of 3 years. He was 20 years old at the time of entry and a high school graduate. He completed 1 month and 11 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Knox, Kentucky. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 27 January 2004, 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 condition for being diagnosed by competent medical authority with depression and impulse control disorder, which was incompatible with military service. 2. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights. 3. On 3 February 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement on his behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed action and recommended approval of with an uncharacterized discharge. 4. On 12 February 2004, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service. 5. The applicant was discharged from the Army on 24 February 2004 with a characterization of service listed as uncharacterized. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. One counseling statement, dated 26 January 2004, for initiation of separation proceedings. 2. Mental Status Evaluation memorandum, dated 21 January 2004, written by Ms. A, Psychiatrist, states the applicant was diagnosed with (Axis I) Depression NOS and Impulse Control Disorder. However, it was noted that the applicant was mentally responsible for his behavior, can distinguish right from wrong, and possesses sufficient mental capacity to participate intelligently in any proceedings which may involve him. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 26 April 2014, and a DD Form 214 covering 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 his discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, there were insufficient mitigating 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 depression and impulse control disorder. It was determined this physical condition interfered with his ability to perform his duties as he missed many training sessions and the diagnosis was so severe that his ability to function in the military environment was significantly impaired. 3. The applicant’s service was uncharacterized because he 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 his 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. The applicant’s issue about an upgrade based on the time that has elapsed since the discharge was carefully considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 12 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) AR20140008057 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1