AR20140002144

IN THE CASE OF: Ms.

BOARD DATE: 6 February 2015

CASE NUMBER: AR20140002144
___________________________________________________________________________

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 change the narrative reason for her discharge.

2. The applicant states, in effect, her discharge record should reflect depression disorder as the narrative reason for her discharge and medical purposes as the type of her discharge, because she was discharged for medical reasons, i.e., depression that is not stipulated on her DD Form 214. She adds she was not afforded the opportunity to have an MEB.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 27 January 2014
b. Discharge Received: Honorable
c. Date of Discharge: 8 February 2002
d. Reason/Authority/SPD/RE Code: Physical Condition, Not a Disability
e. Unit of assignment: E Co, 201st FSB, Vilseck, Germany
f. Current Enlistment Date/Term: 14 January 2000, 3 years
g. Current Enlistment Service: 2 years, 0 months, 25 days
h. Total Service: 2 years, 0 months, 25 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: 45K10, Armament Repairer
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Germany
p. Combat Service: None
q. Decorations/Awards: ASR
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 14 January 2000, for a period of 3 years. She was 21 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 45K10, Armament Repairer. Her record documents no acts of valor or significant achievement. She completed 2 years and 25 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.

2. However, based on the evidence she submitted, a DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature, it indicates she was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with an honorable characterization of service. The corresponding Separation Code of JFV (i.e., physical condition, not a disability), with a reentry eligibility (RE) code of 3 were blackened out/illegal.

3. Her discharge orders were not available.

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

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

None.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a State Director of Veterans Affairs published copy of her DD Form 214 for service under current review.

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.

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, physical 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 AND RECOMMENDATION:

1. The applicants request for a change in the reason for her discharge and the type of discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review and the issues she submitted, there are insufficient factors to merit a change to the reason for the discharge or to change the type of discharge.

2. The applicants record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the applicant submitted a VA published DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. This document identifies the reason and characterization of the discharge.

3. Although the VA published DD Form 214 that was provided by the applicant, which would have reflected she was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17, with its corresponding separation and reentry codes that are not viewable, indicates the applicant was discharged by reason of a physical condition, not a disability, with a characterization of service of honorable. Barring evidence to the contrary and applying the principle of government regularity, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4. The applicant’s contentions about being discharged for medical reasons which was not stipulated on the DD Form 214 she furnished were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant’s reason for discharge. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the narrative reason for her discharge. The applicants statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of her request for making any changes to her DD Form 214.

5. Further, in consideration of her contentions that medical issues were the basis for her discharge from the Army, the available service record does not support the applicants contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. The available record is void of any indication that the applicant was suffering from a disabling medical or mental condition during her discharge processing that would have warranted her separation processing through medical channels.

6. The applicants submitted DD Form 214 indicates she was separated under the provisions of Chapter 5, paragraph 5-17, AR 635-200, with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Physical Condition, Not a Disability,” and the separation code is “JFV.” Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation.

7. Therefore, based on what is available in the applicants record and applying the presumption of government regularity, it appears that the reason for discharge was both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 6 February 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:
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) AR20140002144

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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