IN THE CASE OF: BOARD DATE: 15 July 2015 CASE NUMBER: AR20140009124 ___________________________________________________________________________ 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 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 uncharacterized discharge to honorable. 2. The applicant states, in effect, she was less than a month away from serving 180 days when she suffered a mental breakdown. She states, her recruiter did not get all the proper paperwork therefore she was not able to get the counseling she needed. She states, she informed her recruiter of her conditions and disclosed her medical records at the time and he only processed a waiver for her ADHD. She believes if she had received the proper treatment she would have flourished in the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 May 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 13 February 2008 d. Reason/Authority/SPD/RE Code: Failed Medical/Physical/Procurement Standards, AR 635-200, Chapter 5-11, JFW, RE-3 e. Unit of assignment: C Company, 58th Transportation Battalion, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 13 September 2007/3 years, 20 weeks g. Current Enlistment Service: 5 months, 1 day h. Total Service: 6 months, 17 days i. Time Lost: None j. Previous Discharges: DEP, 070827-070912, NA k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 90 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 13 September 2007, for a period of 3 years and 20 weeks. She was 20 years old at the time of entry and a high school graduate. Her record is void of any significant acts of valor or achievement. She completed 6 months and 17 days of active duty service. When her discharge proceedings were initiated, she was stationed at Fort Leonard Wood, MO. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 25 January 2008, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition diagnosed as a depressive disorder existed prior to her entry into the Army. The applicant reviewed the findings and concurred with the proceedings of the EPSB, requested discharge without delay and did not submit a statement on her own behalf. 2. On 5 February 2008, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge. 3. On 7 February 2008, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized. 4. The applicant was discharged from the Army on 13 February 2008, under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge. 5. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 3349 (Physical Profile), dated 25 January 2008, reflects the applicant had a recurrent medical condition of major depressive disorder. 2. Two counseling statements, dated 26 January 2008, for Chapter 5-11 separation action. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a online application, dated 16 May 2014, two DD Forms 214, a letter from Dr. K, dated 21 May 2009, and a medication sheet and physician notes. POST-SERVICE ACTIVITY: The applicant did not provide any to support of her 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 OF ISSUES: 1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered. However, after a careful review of the applicant’s military records, the issue 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 that it existed prior to entry on active duty. Subsequently, these findings were approved by competent medical authority. The applicant agreed with these findings and the proposed action for administrative separation from the Army. 3. 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 her 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 her service did not warrant an honorable discharge. 4. 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 her character of service to be rated as honorable or otherwise. 5. All the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 6. The applicant contends she did not receive proper treatment or the correct counseling. However, the applicant was diagnosed with a recurrent depressive disorder by competent medical authorities. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with her overall service record. 7. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 July 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) AR20140009124 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1