Application Receipt Date: 070405 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 011018 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not Disability RE: SPD: JFV Unit/Location: D Company, 3rd Battalion, 158th Aviation Regiment, APO AE 09182 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: Current ENL Date: 000502 Current ENL Term: 06 Years ????? Current ENL Service: 01 Yrs, 05Mos, 17Days ????? Total Service: 01 Yrs, 05Mos, 17Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 67T10 (UH-60 Helicopter Repairer) GT: NIF EDU: NIF Overseas: Germany Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances pertaining to the applicant's discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 5-17, by reason of physical condition, not a disability, with a general, under honorable conditions discharge and a reentry eligibility (RE) code of "3." Furthermore, the DD Form 214 shows a Separation Code of JFV (physical condition, not a disability). On 11 October 2001, DA, Headquarters, United States Army, Europe, Kitzingen Transition Center, Germany, APO AE 09225, orders 284-005, discharged the applicant from the Regular Army, effective date: 18 October 2001. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. Army policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of specific facts and circumstances that led to his discharge from the Army. His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 5, Paragraph 5-17, by reason of physical condition, not a disability, with a general, under honorable conditions discharge. With this type of discharge, regulations require that a physical condition interfere with the Soldier's ability to perform his duty, and that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. Given the above requirement, the applicant would have been diagnosed by competent medical authority with a physical condition which severely impaired his ability to function and been recommended for administrative separation. In the absence of evidence to the contrary, the analyst presumed Government Regularity in the discharge process. Furthermore, eligibility for veteran's benefits to include 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. Additionally, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals 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. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 1 October 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes [redacted] Witnesses/Observers: Yes {father] Exhibits Submitted: The applicant submitted one additional document, in support of his testimony. VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 2 No change 3 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief. Case report reviewed and verified by: , Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 12 October 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE