AR20140001450

IN THE CASE OF: Mr.

BOARD DATE: 17 December 2014

CASE NUMBER: AR20140001450
___________________________________________________________________________

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 an upgrade of his discharge from uncharacterized to general, under honorable conditions or honorable.

2. The applicant states, in effect, he is in great health and wishes to have good medical records. He desires to apply for employment in law enforcement or serve successfully in the military.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 22 January 2014
b. Discharge received: Uncharacterized
c. Date of Discharge: 2 June 2011
d. Reason/Authority/SPD/RE: Failed Medical/Physical/Procurement Standards, AR 635-200, Chapter 5, paragraph 5-11, JFW, RE-3
e. Unit of assignment: C Co, 120th AG Battalion (RCPT), Fort Jackson, SC
f. Current Enlistment Date/Term: 9 May 2011, NIF
g. Current Enlistment Service: 24 days
h. Total Service: 1 month, 20 days
i. Time Lost: None
j. Previous Discharges: USAR (110413-110508)/NA (Concurrent Service)
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: None
m. GT Score: NIF
n. Education: 16 years
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
r. Administrative Separation Board: No
s. Performance Ratings: No
t. Counseling Statements: NIF
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the US Army Reserve on 13 April 2011, for a period of 8 years. He was 23 years old at the time and had completed fours of college, but did not graduate. He was ordered to initial active duty on 9 May 2011 and was discharged on 2 June 2011. His record does not show any acts of valor or significant achievements. He was in initial entry training at Fort Jackson, SC when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1. On 16 May 2011, an Entrance Physical Standards Board (EPSB) convened and determined the applicants medical condition of a psychotic disorder not otherwise specified (NOS) by history existed prior to service.

2. On 25 May 2011, the applicant disagreed with the proceedings because he did not believe his condition existed prior to service and requested his case be returned to the medical approving authority for reconsideration. He waived legal counsel and did not submit a statement on his own behalf.

3. On 25 May 2011, the unit commander recommended separation from the service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, with an uncharacterized discharge.

4. On 31 May 2011, the separation authority directed the applicants discharge with a characterization of service listed as uncharacterized.

5. On 2 June 2011, the applicant was discharged from the Army with a characterization of service listed as uncharacterized.

6. The applicants service record does not contain any evidence of unauthorized absences, time lost, negative counseling statements or actions under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. A DD Form 214, dated 2 June 2011.

2. Discharge Orders Number 151-1309, dated 31 May 2011.

3. Enlistment/Reenlistment document, dated 13 April 2011.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and a letter, County of Los Angeles, Department of Mental Health.

POST-SERVICE ACTIVITY:

The applicant did not provide any information with his application.

REGULATORY AUTHORITY:

1. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldiers initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, Chapter 3.

2. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However for Soldiers in entry-level status, it will be uncharacterized.

3. 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.

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 applicants military records for the period of enlistment under review, the issues and document submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, these findings were approved by competent medical authority. The applicant disagreed with these findings and the proposed action for administrative separation from the Army.

3. 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 Soldiers service will be uncharacterized when his 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 applicants record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.

5. The applicant contends he was in great health and wishes to have good medical records.
The record (EPSB) shows the applicant had been hospitalized two times involuntarily in 2011 after threatening to harm himself and to purchase a weapon to harm others. Civilian hospital records found him to be a danger to self and others. He was discharged from the hospital in February 2011 with a diagnosis of psychosis and prescribed medication; he never followed up with his aftercare and instead enlisted in the Army.

6. Further, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention his medical conditions did not exist prior to entry on active duty.

7. The applicant further contends he desires to apply for employment in law enforcement or serve successfully in the military. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

8. Also, 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 is no basis to grant a change to reason for discharge or 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.

9. Additionally, the independent mental health document submitted by the applicant is acknowledged; however, it does not overcome the governments presumption of regularity, and no additional corroborating, supporting documentation or further evidence has been provided to substantiate the contention he was unjustly discharged.

10. All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.

11. Therefore, the reason for discharge and the characterization 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: 19 November 2014 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: Yes [ redacted ]

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) AR20140001450

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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