IN THE CASE OF: BOARD DATE: 19 June 2015 CASE NUMBER: AR20140008780 ___________________________________________________________________________ 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 of service to general, under honorable conditions, a change to the narrative reason for separation and a change to the reentry (RE) code. 2. The applicant states, in effect, he has taken steps to prove he has what it takes to be a Soldier. He desires to reenlist in the military and make a career. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 May 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 13 October 2009 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, 3 e. Unit of assignment: A Company, 46th Adjutant General, Reception, Fort Knox, KY f. Current Enlistment Date/Term: 3 August 2009/3 years g. Current Enlistment Service: 2 months, 11 days h. Total Service: 2 months, 11 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 91B10, Wheeled Vehicle Mechanic m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 3 August 2009, for a period of 3 years. He was 25 years old at the time of entry and a high school graduate. His record is void of any significant awards of valor and achievement; however, he completed 2 months and 11 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Knox, KY. SEPARATION FACTS AND CIRCUMSTANCES: 1. 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 diagnosed by competent medical authority with an adjustment disorder with disturbance of emotions and conduct, 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 2 October 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not 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 with an uncharacterized discharge. 4. On 2 October 2009, 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 13 October 2009 with a characterization of service listed as uncharacterized. 6. The applicant’s service record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Report of Mental Status Evaluation, dated 18 September 2009, reflects the applicant had a clear and normal thought process and content and a diagnosis of an adjustment disorder with disturbance of emotions and conduct on Axis I that precluded him from further military service. 2. A counseling statement, dated 24 September 2009, for his diagnosis of an adjustment disorder and pending Chapter 5-17 action. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 17 April 2014, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of 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. 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, Paragraph 5-17, for a condition, not a disability. 5. Further, 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 his discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issue he 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 an adjustment disorder with disturbance of emotions and conduct. It was determined this mental condition interfered with his ability to complete training and the diagnosis impaired his ability to function in the military environment. 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. 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 or her character of service to be rated as honorable or otherwise. 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 contends that a change in the reason for the discharge and his reentry code would allow for his reenlistment. However, 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, paragraph 5-17, for condition, not a disability. The regulation further stipulates that no deviation is authorized. 6. The applicant desires to reenlist in the military. However, 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. 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. 7. 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: 19 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 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) AR20140008780 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1