AR20140001296

IN THE CASE OF: Mr.

BOARD DATE: 5 December 2014

CASE NUMBER: AR20140001296
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests to upgrade his uncharacterized service to fully honorable.

2. The applicant states, in effect, an upgrade would allow him benefits, such as education, and possible job opportunities.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 13 January 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 20 September 2013
d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Paragraph
5-17, JFV, RE-3
e. Unit of assignment: E Co, 3rd Bn, 13th Infantry Regiment, 193rd Infantry
Bde, US Army Training Center and Fort Jackson,
Fort Jackson, SC
f. Current Enlistment Date/Term: 15 July 2013, 3 years, 25 weeks
g. Current Enlistment Service: 0 years, 2 months, 6 days
h. Total Service: 0 years, 2 months, 6 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-1
l. Military Occupational Specialty: None
m. GT Score: 101
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: NIF
u. Prior Board Review: No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 15 July 2013, for a period of 3 years and 25 weeks. He was 17 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed 2 months and 6 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. On 23 August 2013 (as acknowledged by the applicant), 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 competent medical authority with an adjustment disorder with mixed anxiety and depressed mood, which was incompatible with military service.

2. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights.

3. On 29 August 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 behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed action and recommended approval of with an uncharacterized discharge.

4. On 12 September 2013, the separation authority waived further rehabilitation and directed the applicants discharge with an uncharacterized separation of service.

5. The applicant was discharged from the Army on 20 September 2013, with a characterization of service listed as uncharacterized.

6. The applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

DA Form 3822, Report of Mental Status Evaluation, dated 12 August 2013, indicates the applicant was diagnosed with an adjustment disorder with mixed anxiety and depressed mood, and that the applicant met the psychiatric criteria for an expeditious administrative separation in accordance with Chapter 5-17 of AR 635-200. The report further stated, in pertinent part, that the disorder impairs the applicants normal functioning to perform military duties and continued retention would likely cause his condition to deteriorate and would likely cause difficulties for the command.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

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 Soldiers 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.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issues he submitted, there were insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood, and the diagnosis was so severe that his ability to function in the military environment was significantly impaired. It was further reported that continued retention would likely cause his condition to deteriorate and would likely cause difficulties for the command.

3. The applicants service was uncharacterized because he was in an 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. Further, the uncharacterized description of service accurately reflects the applicants overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldiers 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. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when the separation is initiated while the Soldier is in an 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 applicants 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 applicants rights were fully protected throughout the separation process.

5. Furthermore, eligibility for veteran’s benefits to include medical and educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Further, the Board does not grant relief solely for the purpose of attaining veterans benefits or for the purpose of gaining employment or enhancing employment opportunities.

6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 5 December 2014 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) AR20140001296

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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