AR20140002328

IN THE CASE OF: Ms.

BOARD DATE: 21 January 2015

CASE NUMBER: AR20140002328
___________________________________________________________________________

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 her uncharacterized discharge to honorable and the narrative reason to reflect service-connected disability.

2. The applicant states, in effect, she had no disciplinary problems while in the service. The applicant contends she was injured during basic training. The applicant further contends the Department of Veterans Affairs, Atlanta Regional Office, granted her a 40 percent service-connected disability.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 30 January 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 2 November 2012
d. Reason/Authority/SPD/RE Code: Condition, Not A Disability, AR 635-200,
Chapter 5-17, JFV, RE-3
e. Unit of assignment: Company A, 2d Battalion, 13th Infantry
Regiment, 193d Infantry Brigade, USA Training
Center and Fort Jackson, Fort Jackson, SC
f. Current Enlistment Date/Term: 17 July 2012/3 years, 26 weeks
g. Current Enlistment Service: 3 months, 16 days
h. Total Service: 3 months, 16 days
i. Time Lost: None
j. Previous Discharges: DEP, 120118-120716, N/A
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: None
m. GT Score: 90
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
r. Administrative Separation Board: N/A
s. Performance Ratings: N/A
t. Counseling Statements: None
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 17 July 2012 for a period of 3 years and
26 weeks. She was 18 years old at the time of entry and a high school graduate. She completed 3 months and 16 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Jackson, South Carolina.
SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 22 October 2012, 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. Specifically, for being physically unable to complete Basic Combat Training due to the stress fractures to the applicants femoral head.

2. The commander recommended an uncharacterized discharge and advised the applicant of her rights.

3. On 24 October 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in her own behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge.

4. On 29 October 2012, the separation authority directed the applicants discharge with a characterization of service of uncharacterized.

5. The applicant was discharged from the Army on 2 November 2012, with a characterization of uncharacterized.

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

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. Discharge Orders Number 305-1303, dated 31 October 2012, Headquarters, United States Army Training Center and Fort Jackson, South Carolina, discharged the applicant from the Regular Army effective 2 November 2012.

2. Moncrief Army Community Hospital Memorandum, dated 10 October 2012, written by CPT Z, Physical Therapist, recommending the applicant receive a Chapter 5-17 discharge.

EVIDENCE SUBMITTED BY THE APPLICANT:

1. The applicant provided a DD Form 149, dated 24 January 2014, and a DD Form 214 covering the period of service under review.

2. VA Form 21-22 (Department of Veterans Affairs Appointment of Veterans Service Organization as Claimants Representative), dated 24 January 2014 (2 pages).

3. Florida Department of Veterans Affairs, dated 24 January 2014, made to the attention of American Legion, for a claim type of general submission.

4. Department of Veterans Affairs Atlanta Regional Office Letter, dated 10 December 2013, notifying the applicant of a decision that was made on a claim for service-connected compensation (8 pages).

5. Department of Veterans Affairs Atlanta Regional Office Rating Decision, dated 3 December 2013, awarding varying percentages for disability claims the applicant filed (10 pages).

POST-SERVICE ACTIVITY:

None was rovided with the application.

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 and a change to the narrative reason for the discharge were carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issue and documents she submitted, there were insufficient mitigating factors to merit an upgrade of the applicant’s discharge and a change to the narrative reason for the discharge.

2. The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority to have substained an injury as a result of impact stresses from normal physical activities required in training (marching, running, jumping). According to the medical authority, although the applicants injuries demonstrated adequate healing, she continued to experience pain. In addition, based on her previous response to training load that area of the bone structure could become a stress fracture and potentially break if she continued BCT. Furthermore, the injury was a factor of overuse and lack of overall phsyical conditioning and not, at the time, a stress factor. It was determined there was no further treatment the medical facility could provide; therefore, it was recommended, in the best interest of the applicant, she is separated from the military. It was determined that the applicant would not be able to meet the physical demands of the Army.
3. The applicants service was uncharacterized because she was in 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. 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 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. 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: 21 January 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) AR20140002328

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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