1. Applicant's Name: a. Application Date: 30 March 2017 b. Date Received: 10 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of uncharacterized discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, while in training, wife's letters and the thought of her being depressed while caring for their few months old child affected training, causing the applicant to determine the necessity to go home as soon as possible, or the worst could happen to wife and child. The applicant erred in refusing to train and regrets it on a daily basis. Although the drill sergeants knew of the family situation, they did not understand the fears. As such, the applicant faked injuries and refuse to train. At the time, the applicant was young and dumb, and the wife was also young and desperate. The discharge should be one that allows the ability to rejoin. The applicant's hard work at obtaining two college degrees would show the ability to dedicate the same amount of hard work or even harder if allowed to rejoin the Army, which also requires a change to separation and reentry codes. The applicant does not have any disability. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate the applicant received the following BH diagnoses: Adjustment Disorder with Depressed Mood. VA records contain only DOD content. In summary, the applicant's Uncharacterized Chapter 5-17 discharge for Condition, not a Disability, is appropriate. In a records review conducted at Arlington, VA on 11 January 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not a Disability / AR 635- 200, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 8 August 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 July 2006 (2) Basis for Separation: The applicant was recommended for separation by competent medical authority due to his adjustment disorder with mixed anxiety and depressed mood. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 28 July 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 August 2006 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 May 2006 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 24 / GED / 100 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 13 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for missing training; being recommended for an involuntary separation; being diagnosed with an adjustment disorder with mixed anxiety and depressed mood; and refusing to train. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 June 2006, indicates the applicant was diagnosed with "AXIS I" as an "Adjustment Disorder with Mixed Anxiety and Depressed Mood," and that he was recommended for separation according to AR 635-200, paragraph 5-17. Report of Medical History, dated 13 July 2006, indicates the applicant and examiner noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: Online application and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he has obtained two degrees. 7. REGULATORY CITATION(S): 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. 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. Paragraph 3-9 stipulates that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. 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. 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." 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and document submitted with his application were carefully reviewed. The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with a medical condition of "Adjustment Disorder with Mixed Anxiety and Depressed Mood." The medical authority recommended for the chain of command to discharge the applicant under the provisions of AR 635-200, paragraph 5-17. The medical authority also provided that the applicant's medical condition would significantly interfere with his assignment to or performance of duty, that it was unlikely that any efforts to rehabilitate or develop him into a satisfactory member of the military would be successful, and that his condition seriously impaired his ability to function in the Army and future incapacity due to inability to adjust was expected. The applicant's contentions were carefully considered. However, the applicant's service was uncharacterized because he was in entry-level status (ELS) and there are no unusual circumstances present in the applicant's record and her service did not warrant an honorable discharge. An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. A general, under honorable conditions discharge is not authorized under ELS conditions. 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. He was notified and counseled on his impending separation due to the medical provider's diagnosis of his behavioral health condition on 5 July 2006. His separation was initiated on 28 July 2006, less than 181 days, during the period he was in an entry level status. 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. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant has requested a change to the reentry code (RE) in order to rejoin the Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on AR 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. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 5, paragraph 5-17 is "Condition, Not a Disability," and the separation code is JFV. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The service record does not reveal any evidence of arbitrary or capricious actions by the applicant's command. It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 11 January 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20170005626 1