IN THE CASE OF:	  

		BOARD DATE:	  17 September 2008

		DOCKET NUMBER:  AR20080003657 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Separation Document), Item 15b (High School Graduate or Equivalent) to show he graduated from high school and Item 16 (Separation Code) to show he was medically discharged.   

2.  The applicant states, in effect, that his separation code that is currently listed on his DD Form 214 should be changed to show he was medically discharged.  He also states that the High School Graduate or Equivalent listed on his discharge paper should be changed.

3.  The applicant provides in support of his application a copy of a Privacy Form dated 8 November 2007, a copy of his DD Form 214, a copy of his GED Testing Service, and a copy of his High School Diploma dated 18 March 2003. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army and entered active duty on 4 June 2003.  The Record of Military Processing-Armed Forces of the United States (DD Form 1966) completed on him during his enlistment processing confirms he graduated from Ridgewood High School, New Port Richey, Florida, in 2003.  



2.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in Item 17 (Civilian Education and Military Schools) that he attended Ridgewood High School for 4 years and completed high school in 2003.  Item 35 (Record of Assignments) shows he was assigned to Fort Jackson, South Carolina.  The applicant record indicates that he completed Basic Combat Training; however, he did not complete Advanced Individual Training.  The highest grade he attained was pay grade E-2. 

3.  On an unknown date, the applicant’s unit commander notified the applicant of his intent to initiate action to separate him under the provisions Army Regulation 635-200, chapter paragraph 5-17, (Designated Physical or Mental Condition). The reason for his proposed action was that the applicant had been treated extensively for a tibia stress fracture, however, the prognosis and recovery time would unreasonably interfere with his ability to successfully ship to training.  The applicant’s unit commander recommended that the applicant receive an honorable discharge.  (The applicant’s medical records and part of the discharge proceedings are missing from his file).     

4.  On 14 January 2004, the applicant acknowledged notification of his proposed separation action from the United States Army under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17.  He was advised of the basis for the contemplated action to separate him for (Other Designated Physical or Mental Conditions), under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17.  He was advised of the rights available to him and the effect of any action taken by him in waving his rights.  Having had the opportunity to consult with counsel, he voluntarily consented to this separation.  He acknowledged that he understood that his service could be characterized as honorable, general under honorable conditions or entry level separation with an uncharacterized discharge.  He also acknowledged that he understood that he may expect to encounter substantial prejudice in civilian life.  He elected not to make a statement in his own behalf.  

5.  On the same day, the separation authority approved the applicant’s discharge under the provisions Army Regulation 635-200, Chapter 5, paragraph 5-17, for (Other Designated Physical or Mental Conditions), recommended that the applicant not be transferred to the Individual Ready Reserve (IRR) and that he be issued an honorable discharge.  On 27 January 2004, the applicant was honorably discharged, in accordance with the provisions of Army Regulation 
635-200, Chapter 5, paragraph 5-17, and issued Separation Code “JFV.”  At the time of his discharge, the applicant was credited with completing 7 months, and 27 days of net active service.


6.  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, 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 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.  

7.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  Separation by reason of disability requires processing through the PDES.  

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time of the applicant’s separation, provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of “JFV” as the appropriate code to assign RA enlisted Soldiers voluntarily discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contention that the separation code on his discharge document should be changed from “JFV to a code that shows he was medically discharged was carefully considered and found to be without merit.  There is no evidence in the applicant’s record and the applicant failed to provide evidence that shows he had a medical condition which would have warranted consideration by a Medical Evaluation Board (MEB) or a Physical Evaluation Board (PEB).  Without a medical board, the applicant could not have been issued a medical discharge.
2.  The applicant's voluntary consent for separation under the provisions of Army Regulation 635-200, chapter 5 paragraph 5-17, was administratively correct and in conformance with applicable regulations.  There is no indication that the consent was made under coercion, duress or that his rights were violated in any way.  Further, the applicant acknowledged in a signed statement that he understood what he was signing.

3.  The evidence of record also confirms that the applicant was honorably discharged on 27 January 2004, under the provisions of Army Regulation 
635-200, chapter 5, paragraph 5-17 and that he was issued the appropriate separation code.  Therefore, he is not entitled to correction of the separation code shown on his discharge document.

4.  The applicant's records contains enlistment processing documents that confirm that he graduated from high school in 2003, prior to his entry on active duty, and this is supported by an entry in Item 17 of his DA Form 2-1.  Therefore, it would be appropriate to correct Item 15b of his DD Form 214 by deleting the current check in the No block and adding a check mark to the Yes block to confirm he is a high school graduate.  

BOARD VOTE:

____X ____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry “No” in Item 15b of the DD Form 214 and replacing it with the entry "Yes"; and by providing him a correction to his separation document that includes these changes.





2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of the individual’s separation code on his DD Form 214.  

      
      
      
      
      _______ _   _X____   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003657



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ABCMR Record of Proceedings (cont)                                         AR20080003657



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