Applicant Name: Application Receipt Date: 2008/09/15 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant 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: NIF Discharge Received: Date: 070510 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: Home Detachment, 626th CS Bn, 101st Airborne Division (Air Assault), Fort Campbell, 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: 21 Current ENL Date: 050509 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 00Mos, 01Days ????? Total Service: 4 Yrs, 09Mos, 04Days ????? Previous Discharges: RA 020807-050508/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 92Y20/Unit Supply Specialist GT: 98 EDU: HS GRAD Overseas: Korea, Kuwait, Iraq Combat: Kuwait/Iraq (030103-040115), Iraq (060127-060918) Decorations/Awards: ARCOM, AAM (3), AGCM, NDSM, GWOTEM, GWOTSM, ICM, ASR, OSR (2), AASLT V. Post-Discharge Activity City, State: Frederick, MD Post Service Accomplishments: States that she has worked for the FEMA since fall 2007 VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17 by reason of a physical condition, not a disability with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., condition, not a disability). b. Legal Basis for Separation: Army Regulation 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 under Army Regulation 635-40, which 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 Regulation 635-200 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. 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 his/her service that warrant such characterization. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the period of enlistment under review, the the issue and supporting documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army; however the applicant’s record contains a properly constituted 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 and the analyst presumed Government regularity in the discharge process. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with a general under honorable conditions discharge and a reentry eligibility (RE) code of "3." The analyst noted the applicant's issue, however, 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, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. Finally, the applicant was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation Because of a 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 entered 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. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service are both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 26 January 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of her service to include her combat service and post service (accomplishments with the Federal Emergency Management Agency and the Department of Defense Inspector General's Office), as a result, it is inequitable. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to:Honorable Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080014601 ______________________________________________________________________________ Page 2 of 3 pages