IN THE CASE OF: Ms. BOARD DATE: 15 April 2015 CASE NUMBER: AR20140008060 ___________________________________________________________________________ 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 her discharge characterization from uncharacterized to honorable. The applicant also requests that her legal name be added to her DD Form 214. This change does not fall within the purview of this Board and will be addressed by the Army Board for Correction of Military Records (ABCMR). 2. The applicant states, in effect, that she would like an upgrade of her discharge for the purpose of being able to use her GI Bill benefits. She contends she was granted a 10 percent service connect disability by the Department of Veterans Affairs, and stated her discharge was honorable. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 May 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 4 October 2011 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200 Chapter 5-17, JFV, RE-3 e. Unit of assignment: A Co, 2nd Bn, 60th IN, Fort Jackson, SC f. Current Enlistment Date/Term: 5 July 2011, 3 years and 21 weeks g. Current Enlistment Service: 3 months h. Total Service: 3 months i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 99 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 Regular Army on 5 July 2011, for a period of 3 years and 21 weeks. She was 31 years old at the time of enlistment and a high school graduate. She was attending training at Fort Jackson, South Carolina, when her discharge was initiated. The record does not contain any evidence of acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 1 September 2011, the applicant was diagnosed by competent medical authority with mild to moderate edema (swelling in the joint) in her right knee, based on a recent MRI. On examination, the applicant was found to have loose patellea (knee caps) poor muscular stability in her legs, making it difficult for her to effectively tolerate impact related activities. It was recommended she be discharge under the provisions of Chapter 5-17. 2. On 20 September 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition for being physically unable to complete basic combat training due to her loose patellae. 3. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of her rights. 4. On 20 September 2011, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge. 5. On 23 September 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service. 6. The applicant was discharged from the Army on 4 October 2011, with a characterization of service of uncharacterized under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for condition, not a disability, with a Separation Program Designator code (SPD) of JFV and a RE code of 3. 7. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: A medical diagnosis dated 1 September 2011, indicates the applicant was found to have loose patellea (knee caps) poor muscular stability in her legs, making it difficult for her to effectively tolerate impact related activities. It was recommended she be discharge under the provisions of Chapter 5-17. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149 in lieu of a DD Form 293, a document from the Department of Veterans Affairs, which shows she is receiving 10 percent service connected disability, and two copies of her DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None was provided by the applicant. 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 her discharge was carefully considered. However, after a careful review of all the records for the period of enlistment under review, and the issue she submitted, 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 mild to moderate edema in her right knee, the applicant was found to have loose patellea (knee caps) poor muscular stability in her legs, making it difficult for her to effectively tolerate impact related activities. 3. The applicant’s service was uncharacterized because she 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 her 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. Further, eligibility for veteran's benefits to include medical and educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the board deny relief. 7. The applicant also requested her legal name be added to her DD Form 214. However, this change does not fall within the purview of this Board and will be addressed by the ABCMR. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 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) AR20140008060 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1