IN THE CASE OF: BOARD DATE: 31 July 2015 CASE NUMBER: AR20140009969 ___________________________________________________________________________ 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 to change the separation authority and the reentry code, inclusive of the narrative reason for his discharge. 2. The applicant states, in effect, his rights were violated as a Soldier. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Honorable c. Date of Discharge: 17 October 2011 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: Trp C, 3rd Sqdn, 61st Cavalry Regiment, Fort Carson, CO f. Current Enlistment Date/Term: 5 May 2011, 3 years, 11 weeks g. Current Enlistment Service: 0 years, 5 months, 13 days h. Total Service: 3 years, 3 months, 25 days i. Time Lost: None j. Previous Discharges: DEP    (060911-061004) / NA RA      (061005-061206) / UNC USAR (080919-081005) / NA ADT    (081006-090325) / HD USAR (090326-110504) / NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 19D10, D3 Cavalry Scout; 52D10, Power-Generation Equipment Repairer m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM; GWOTSM; ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 5 May 2011, for a period of 3 years and 11 weeks. He was 29 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialties (MOSs) 19D10, D3 Cavalry Scout and 52D10, Power-Generation Equipment Repairer. His record documents no acts of valor or significant achievement. He completed 3 years, 3 months, and 25 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 15 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 physical condition, not a disability for being diagnosed by competent medical authority with an adjustment disorder with anxious mood. 2. The commander recommended an honorable discharge and advised the applicant of his rights. 3. On 15 September 2011 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 in his own behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. 4. On 4 October 2011, the separation authority directed the applicant’s discharge with an honorable characterization of service. 5. The applicant was discharged from the Army on 17 October 2011, with an honorable characterization of service. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Report of Mental Status Evaluation, dated 6 September 2011, indicates the applicant was diagnosed with an adjustment disorder with anxious mood. 2. A counseling statement, dated between 31 August 2011, for being recommended for separation under paragraph 5-17 and an initiation of a flagging action. 3. There is no record of any actions under the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a list of enclosures and a self-authored statement, dated 23 April 2014; a memorandum for record, subject: Character Evaluation for Active Army Reinstatement Consideration, dated 16 April 2014; a memorandum, subject: Letter of Recommendation [the applicant] for Re-Entry into US Army Active Duty, dated 2 December 2013; a recommendation statement, dated 29 April 2014; a character reference statement by SGT C; a trial defense service information sheet on Chapter 5; a doctor’s statement, dated 8 April 2014; and an Independent Voter Network (IVN) article, dated 10 January 2014. POST-SERVICE ACTIVITY: The applicant provided none. 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 OF ISSUE(S): 1. The applicant’s request for a change in the reason for his discharge was carefully considered. 2. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service. 3. The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3 and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis. 4. If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility. 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. 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. 5. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 31 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: 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 IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140009969 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1