Application Receipt Date: 061122	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and documents submitted by the applicant.  In essence the applicant states that he feels the Army rushed to judgment the two times he tried.  He was more mature the second time he joined, he went to seek help and ask for advice on personal matters and was immediately sent to a hospital.  He states that he would like to rejoin, he can provide a doctor's letter.  He says that this uncharacterized discharge is keeping him from advancing professionally.


II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 031015
Discharge Received:     Date: 031103   
Chapter: 5-11    AR: 635-200
Reason: Failure to meet procurement medical fitness standards
RE:     SPD: JGA
Unit/Location: C Co, 369th AG Bn, Fort Jackson, SC 29207 

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:  751009  
Current ENL Date: 030925    Current ENL Term: NIF Years       
Current ENL Service: 00 Yrs, 01Mos, 09Days      
Total Service:  01 Yrs, 08Mos, 04Days      
Previous Discharges: RA 980108-980305/UNC
                                      ARNG 001031-011214/UNC
                                      ARNG 030721-031103/UNC
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: None   GT: 93   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None stated

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 15 October 2003, the unit commander notified the applicant of initiation of involuntary separation action under the provisions of Chapter 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge.  The specific facts and circumstances pertaining to the applicant's discharge are not contained in the available records.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was involuntarily separated under the provisions of Chapter 5-11, AR 635-200 by reason of failure to meet procurement medical fitness standards, with an uncharacterized discharge.  The applicant reviewed and concurred with the company commander's intent to separate him and did not submit a statement in own behalf.  Additionally, the record contains a counseling statement from the Florida ARNG that indicates the applicant had a bi-polar condition that existed prior to entry into military service (EPTS).  On 23 October 2003, the separation authority directed that the applicant be discharged with an uncharacterized discharge.  Additionally, the record contains Orders P318-032 Florida Army National Guard, St. Francis Barracks that discharged the applicant from the Florida ARNG effective 3 November 2003 with an uncharacterized discharge.

      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 regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status.  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, and the issue he submitted, to include his supporting documents, 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 his discharge from the Army.  The analyst presumed government regularity in the findings of the applicant's medical condition that led to his discharge from the Army while in entry-level status.  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.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldier's service will be uncharacterized when his separation is initiated while the soldier is in entry-level status.  Further, for soldiers in entry-level status, 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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "3."  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 concluded that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date:                    
Location: Los Angeles, CA

Did the Applicant Testify?  Yes     No  

Counsel:      

Witnesses/Observers:       

Exhibits Submitted:      

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: Alejandro Champin, 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 AR20060016230

Applicant Name:     
______________________________________________________________________


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