Application Receipt Date: 061121	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by applicant.

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: 040206
Discharge Received:     Date: 040316   
Chapter: 5-17    AR: 635-200
Reason: Physical Condition Not a Disability 
RE:     SPD: JFV
Unit/Location: FTC, 43rd AG Bn, Fort Leonard Wood, MO 

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:  850425  
Current ENL Date: 030609    Current ENL Term: 4 Years       
Current ENL Service: 00 Yrs, 09Mos, 08Days      
Total Service:  00 Yrs, 09Mos, 08Days      
Previous Discharges: None
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: None   GT: 109   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: None
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:
      All the specific facts and circumstances leading to the applicant's discharge from the Regular Army are not part of the available records.  However, evidence of record shows that on 06 February 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-17, AR 635-200, for physical or mental conditons not amounting to a disability and which will potentially interfere with the assignment to or performance of duties.  The applicant was diagnosed with a medial tibial plateau stress fracture and was cleared  by ortheopedics for discharge due to a poor prognosis of completion of training.  This condition is not amenable to rehabilitation while in initial entry training and it did not amount to a disability.  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 Chapter 5-17, AR 635-200 by reason of physical condition, not a disability, with a general, under honorable conditions discharge.  In the absence of evidence to the contrary, the analyst was compelled to presume administrative regularity in the discharge process

      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 military records, and the independent evidence he submitted, the analyst found several mitigating factors to recommend an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as medical conditions leading to his discharge.  The applicant's record is void of specific facts and circumstances which led to the applicant's discharge from the Army.  However, the applicant's DD Form 214 indicates that he was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200 by reason of physical condition, not a disability, with a characterization of service as general under honorable conditions.  With this type of discharge, regulations require that a physical condition interfere with the soldiers' ability to perform his or her duty, and that the diagnosis be so severe that the soldier's ability to function in the military environment is significantly impaired.  A general under honor conditions discharge may be granted only in cases which are clearly warranted by unusual circumstances involving misconduct or substandard performance of duty.  In the absence of evidence to the contrary, the analyst recommends to the Board that the characterization of service be upgrade to fully honorable.  However, the narrative reason for discharge remains proper and and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date:                    
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

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          No change         - Character
		 			      Change          No change         - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Earl Silver, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016211

Applicant Name:  Mr.          
______________________________________________________________________


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