IN THE CASE OF: BOARD DATE: 3 June 2015 CASE NUMBER: AR20140009150 ___________________________________________________________________________ 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 discharge from uncharacterized to honorable change his reentry eligibility (RE) code from RE-3 to RE-1. 2. The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to pursue a career in the military. He contends his report of mental status evaluation shows he was mentally sound and fit for military service; however, his DD Form 214, section 28 shows he had a condition, not a disability and he feels he has overcome his condition. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 May 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 14 November 2013 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3 e. Unit of assignment: D Co, 2nd Bn, 58th IN Rgt, Fort Benning, GA f. Current Enlistment Date/Term: 12 August 2013, 3 years and 16 weeks g. Current Enlistment Service: 3 months, 3 days h. Total Service: 3 months, 3 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 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 12 August 2013, for a period of 3 years and 16 weeks. He was 18 years old at the time of enlistment and a high school graduate. He was attending training at Fort Benning, GA 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 10 October 2013, the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood. It was noted on the report of mental status evaluation, that the applicant had been seen because of depression and suicide ideation. He attributed his problems to his military environment and emotional symptoms. It was recommended he be discharge under the provisions of Chapter 5-17. 2. On 25 October 2013, 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 a competent CMHS physician with an adjustment disorder with mixed anxiety and depressed mood. It was determined his disorder was so severe that his ability to function effectively in the military environment was significantly impaired, with a further recommendation that he not have access to weapons or ammunitions. 3. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights. 4. On 25 October 2013, 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 31 October 2013, 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 14 November 2013, 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 does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A Report of Mental Status Evaluation dated 10 October 2013 that indicates the applicant was diagnosed with an adjustment disorder with mixed anxiety and depressed mood. It was recommended he be discharge under the provisions of Chapter 5-17. 2. Several counseling statements dated between 25 August 2013 and 14 October 2013, reference sick-call procedures, APFT failure, referral CMHS for mental evaluation, missing training, failure to overcome deficiencies, recommendation for Chapter 5-17 separation, and initiation of Chapter 5-17 separation action. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a copy of his report of mental status evaluation, and a copy of his 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. 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, 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 or 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 and adjustment disorder with mixed anxiety and depressed mood. It was determined his disorder was so severe that his ability to function effectively in the military environment was significantly impaired, with a further recommendation that he not have access to weapons or ammunitions. 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 narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," and the separation code is "JFV." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There was no provision for any other reason to be entered under this regulation. 6. The applicant expressed his desire for a change in his RE code from RE-3 to RE-1 for the purpose of being able to rejoin the military. 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 Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 7. The record does not contain any indication or evidence of arbitrary or capricious actions by the command. The character of the applicant’s discharge is commensurate with his overall service record. 8. Therefore, the reason for discharge and the characterization of service to include the RE code being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 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) AR20140009150 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1