1. Applicant's Name: a. Application Date: 28 June 2018 b. Date Received: 2 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, signed the separation documents prior to the required six months to receive an honorable characterization of service. The current discharge meets the required six months for an honorable discharge. 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 diagnoses of Adjustment Disorder with anxiety and depressed mood. VA records only contain DoD content. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 18 December 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: 4 April 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was diagnosed as having an Adjustment Disorder with Depression. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 21 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 March 2011 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2010 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 6 months, 4 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statement, dated 10 March 2011, for failing to adapt to military service; failing to rehabilitate; medical authorities providing for a rehabilitative transfer; consulting with behavioral health on seven or more occasions; and expressing a strong desire to separate from the military. Memorandum, dated 14 March 2011, Subject: Commander's Action Summary, strongly recommending the applicant's separation according to "Chapter 5-17" based on a psychologist's recommendation and the commander's determination. The commander provided a summary of the applicant's condition and behavior that was a distraction to other Soldiers and cadre, and his desire to return to his home. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The basis for the applicant's separation was due to being diagnosed with an Adjustment Disorder with Depression while in an entry level status and in training. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 28 June 2018. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 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 general (under honorable conditions). The applicant's available record of service and the issues submitted with his application were carefully reviewed. The evidence of record shows the applicant was diagnosed by competent medical authority with a medical condition of other designated physical or mental condition, an adjustment disorder with depression, while in training status. The medical authority recommended for the chain of command to discharge the applicant under the provisions of AR 635-200, paragraph 5-17. The commander concurred with the recommendation that separation be initiated because of the applicant's condition interfered with his ability to perform military duties. The applicant's contentions for an upgrade were carefully considered. However, the applicant's service was uncharacterized because he was in entry-level status (ELS). 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. The applicant was notified and counseled on his impending separation due to the medical provider's diagnosis of his medical condition on 10 March 2011. His separation was initiated on 18 March 2011, less than 180 days, during the period he was in an entry level status. 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. There are no unusual circumstances present in the applicant's record and his service did not warrant an honorable discharge. A general (under honorable conditions) discharge is not authorized under ELS conditions. 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 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 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 18 December 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 AR20180010850 1