Applicant Name: ????? Application Receipt Date: 2011/12/30 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was awarded 10% service connected disability, and he needs an upgrade to be able to help with employment and his GI Bill and other VA benefits. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 021126 Discharge Received: Date: 021211 Chapter: 5-11 AR: 635-200 Reason: Failed Medical/Physical Procurement Standards RE: SPD: JFW Unit/Location: C Co, 2/81st AR, Fort Knox. KY Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 020912 Current ENL Term: 03 Years ????? Current ENL Service: 00 Yrs, 03 Mos, 00 Days ????? Total Service: 00 Yrs, 03 Mos, 00 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: 89 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that an Entrance Physical Standards Board (EPSB) convened on 13 November 2002, and determined the applicant’s medical condition of degenerative joint disease which made the applicant unfit to train and that a waiver would not be recommened. The applicant would have needed a profile for no running, jumping, or marching as these greatly exacerbated his pain. The applicant reviewed and concurred with the findings of the Entrance Physical Standard Board (EPSB) proceedings, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Service. On 5 December 2002, the separation authority directed the applicant’s discharge with service as uncharacterized. b. Legal Basis for Separation: 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 Soldier’s 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. 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. 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows that the separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. Further, a general, under honorable conditions discharge is not authorized under ELS conditions and a fully 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 analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process. The analyst noted the applicant's issues about the needs of an upgrade of his discharge to help with employment and his GI Bill and other VA benefits. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or 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. In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 30 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, Department of Veteran Affairs decision letter, dated 17 September 2007, Medical 200 Board, dated 8 November 2002, Discharge Orders, dated 6 December 2002, Record of Emergency Data, Servicemembers Group Life Insurance Election and Certificate, Enlisted Record Brief, Statement of Mailing Address, Service Member's Statement, and DD Form 214 for the period of service under review. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed 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 Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120000641 ______________________________________________________________________________ Page 1 of 4 pages