IN THE CASE OF: BOARD DATE: 20 May 2015 CASE NUMBER: AR20140008848 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined the narrative reason for the discharge was improper. 2. 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. The Board noted a clinical social worker rendered the mental health diagnosis which formed the basis for the 5-17, which was not authorized. Therefore the narrative reason for discharge was improper. 3. The evidence of record shows the applicant's reason for discharge was supported by unsatisfactory performance based on his inability, lack of reasonable effort, and a failure to adapt to the military environment. Therefore, the Board determined the narrative reason for discharge was improper. Accordingly, the Board voted to change the narrative reason for discharge to Entry Level Performance and Conduct, under the provisions of AR 635-200, Chapter 11, with a corresponding SPD code of JGA. 4. The Board determined the characterization of service was both proper and equitable. 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 from uncharacterized to honorable and a change to his reentry eligibility (RE) code. 2. The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to join the Army National Guard. He contends his discharge was the result of personal issues he was going through with his mother. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 19 May 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 2 November 2004 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3 e. Unit of assignment: F Btry, 1st Bn, 19th FA, Fort Sill, OK f. Current Enlistment Date/Term: 21 September 2004, 4 years g. Current Enlistment Service: 1 month, 12 days h. Total Service: 1 month, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 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: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 21 September 2004, for a period of 4 years. He was 18 years old at the time of enlistment and a high school graduate. He was attending training at Fort Sill, OK when his 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 on 19 October 2004, the applicant was diagnosed by competent medical authority with a depressive disorder, NOS. It was determined by medical authority that due to his history and current lack of motivation to continue training, it was recommended that the applicant be separated on a Chapter 5-17. The applicant was not fit for military service, was immature, and would become a drain on resources if he continued in training. 2. On 20 October 2004, 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 with a depressive disorder, NOS. It was determined his disorder at the time effected his emotional control, behavior, and his ability to effectively perform military duties, which would cause him to most likely harm himself or others, thus preventing him from being a productive member in the Unites States Army. 3. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights. 4. On 20 October 2004, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his 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 26 October 2004, 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 2 November 2004, 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 an RE code of 3. 7. The applicant’s record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A report of behavioral health evaluation dated 19 October 2004 indicates the applicant was diagnosed by competent medical authority with an depressive disorder, NOS. It was determined that due to his history and current lack of motivation to continue training, it was recommended that the applicant be separated on a Chapter 5-17. The applicant was not fit for military service, was immature, and would become a drain on resources if he continued in training. 2. Counseling statement dated 20 October 2004, for notification of pending separation under the provision of Chapter 5, paragraph 5-17, AR 635-200. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, an honorable discharge certificate, dated 3 November 2004, and copies of his DD Form 214 for 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. 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 his discharge and a change to his RE code was carefully considered. However, after a careful review of all the 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 and a change to his RE code. 2. The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with a depressive disorder, NOS, preventing him from being a productive member in the Army. 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. The honorable discharge certificate submitted by the applicant dated 3 November 2004, which discharged him as a USAR Soldier from the Army was noted. However, the applicant's service was uncharacterized because he was in ELS. 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 expressed his desire for an upgrade of his discharge for the purpose of being able to join the Army National Guard. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. 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 military at the time, and are required to process waivers of RE codes if appropriate. 6. The applicant contends his discharge was the result of personal issues with his mother. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the actions which led to the separation under review. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the board deny relief. BOARD DETERMINATION AND DIRECTED ACTION: 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined the narrative reason for the discharge was improper. 2. 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. The Board noted a clinical social worker rendered the mental health diagnosis which formed the basis for the 5-17, which was not authorized. Therefore the narrative reason for discharge was improper. 3. The evidence of record shows the applicant's reason for discharge was supported by unsatisfactory performance based on his inability, lack of reasonable effort, and a failure to adapt to the military environment. Therefore, the Board determined the narrative reason for discharge was improper. Accordingly, the Board voted to change the narrative reason for discharge to Entry Level Performance and Conduct, under the provisions of AR 635-200, Chapter 11, with a corresponding SPD code of JGA. 4. The Board determined the characterization of service was both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 20 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: No Change Change Reason to: Entry Level Performance and Conduct Change Authority for Separation: AR 635-200, Chapter 11 Change RE Code to: No Change Grade Restoration to: NA Other: Separation Program Designator (SPD) code to JGA 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) AR20140008848 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1