Applicant Name:  ?????

Application Receipt Date: 2011/02/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, she received an honorable discharge from the medical board.  The uncharacterized discharge is an error.  The Army allowed her to enlist even though they knew she had a medical condition and was on medication which made her drowsy and sleepy.  Although, she told the drill sergeant she was on medication she was still forced to pull fire guard in the night and her medical condition was ignored.  She did not take her medication because she was on duty and as a result she had to go to the hospital because her allergy worsened.  She had a profile that stated she had to be in the shade and was still forced to be weapons guard and perform other activities in the heat and sun.  Her chain of command did not provide any help or understanding.  The drill sergeant and platoon sergeant were always making fun of her medical condition, giving her a hard time which added more stress that worsened her condition.  They also made fun of her for being born in Romania and gave her a hard time about her accent.  She thought that in the Army everyone was Army green.  Her drill sergeant also called her shady because she has a bachelor’s degree in Law and in her drill sergeant’s opinion all lawyers are shady.  Because of her medical condition, the doctor decided to give her a chapter 2-28 discharge which they told her is an honorable medical discharge.  After receiving the paper work from the doctor the company executive officer came to her while she was with her platoon in the field and rushed her to sign the documents.  She was pressured to sign the paper work and did not get any type of counseling regarding any of the consequences.  The next day the executive office started to shout at her when she refused to sign the paper work the drill sergeant, executive officer, and others started to shout at her pressuring her to sign the documents without letting her read them.  They were calling her names and put the pen in her hand so she would sign her chapter out of the Army without knowing what it was, without reading it or knowing the consequences.  She told the TMC doctor what her chain of command did to her and the doctor told her to go to the JAG.  She tried to talk to the battalion commander; however, her drill sergeant and the executive officer made sure it did no good to talk to the commander.

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: 100826   Chapter: 5-11    AR: 635-200
Reason: Failed Medical/Physical/Procurement Standards 	   RE:     SPD: JFW   Unit/Location: F Company, 1-61st Infantry Regiment, Fort Jackson, SC 

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:  34
Current ENL Date: 100622    Current ENL Term: 3 Years  21 Weeks
Current ENL Service: 	0   Yrs, 2 Mos, 5 Days ?????
Total Service:  		0   Yrs, 2 Mos, 5 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: College Degree   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Chula Vista, CA
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 August 2010, the unit commander notified the applicant of initiation of involuntary separation action under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge.  
       
       An Entrance Physical Standards Board convened on 11 August 2010 and determined the applicant’s medical condition of total body urticaria dated back to prior to entry into the Army.  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 her own behalf.  The unit commander subsequently recommended separation from the Service.  
       
       On 19 August 2010, 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 the applicant’s military records the issue and documents she submitted, to include his supporting documents, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The proceedings of an Entrance Physical Standards Board (EPSBD), dated 11 August 2008 shows the applicant was diagnosed with total body urticara and recommended for separation from the Army for failure to meet medical procurement standards in accordance with AR 40-501, chapter 2-28.  Subsequently, competent medical authority approved the findings of the EPSBD.  The applicant agreed with these findings and the proposed action for administrative separation from the Army.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected through the separation process.  
       
       A Soldier is in entry-level status (ELS) 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.  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 noted the applicant's issues; however, found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       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 deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 September 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, medical documents, congressional correspondence and a DD Form 214.


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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA






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 AR20110003308
______________________________________________________________________________


Page 1 of 3 pages