Applicant Name:  ?????

Application Receipt Date: 2011/10/31	Prior Review:     Prior Review Date: NA  

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, " My name is AA.  I enlisted into the Army in May of 2003 with the intent of making the Army my career.  My dreams of one day becoming an officer and guiding my fellow soldiers in the right direction was crushed due to back and leg injuries that incurred during airborne training by doing LPF landings in October of 2003 and neck and head injuries that incurred in a single car accident where my jeep flipped multiple times totaling it out back in February, 2004.  I am not sure if I have the month correct.  After both of these incidents I was on limited PT and I didn't heal fast enough so at that time my 1st Sergeant and Captain gave me an involuntary separation order to be separated from the Army.  I was not happy at all by this decision, and by being in for only about a year I didn’t know who to turn to for help because I wanted to stay in and further my career by becoming an officer one day and guiding my fellow soldiers, by instilling in them what it means to have integrity, the obligation in fulfilling an assignment or duty, being loyal, having honor, showing respect at all times, and focusing on the well-being of the nation instead of self.  I know what it takes to be a part of the Army, the Army of One and being Army Strong. My discharge should be change because I didn’t display any bad conduct while in service, wasn't disrespectful or discordant in any way.  I want to go back into the Army and serve my country again and fulfill my duty in which I once started.  This change in which I am requesting will be a positive one and truly honored and appreciated.  Thanks Army Review Board for taking the time to review my request. I'm hoping that you will consider my request and award me this change.  Again thank you."

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: 040518   Chapter: 5-17     AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: DET C, 3rd SSB (WFNJA3), HUNTER AAF, GA 

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:  19
Current ENL Date: 030521    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0  Yrs, 11 Mos, 28 Days ?????
Total Service:  		0  Yrs, 11 Mos, 28 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 42A10 Personnel Administration Specialist   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTEM, GWOTSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading 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's signature.  
       
       The DD Form 214 indicates she was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a Condition, Not A Disability,  with a general, under honorable conditions characterization of service.  Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., Condition, Not A Disability), with a reentry eligibility (RE) code of 3. On 12 May 2004, Orders 133-362, DA, HQ, 3d Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA, discharged the applicant from the Regular Army, effective date: 18 May 2004. 

       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 the service that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant's available military records, the issue and documents submitted with the application, 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 she was discharged under the provisions of Chapter 5, AR 635-200, paragraph   5-17 by reason of a condition, not a disability, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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. 
       
       The analyst noted the applicant's desire to rejoin the military; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "3."  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.    
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be her responsibility to meet the burden of proof since the discharge packet is not available in the official record.  In view of the foregoing, the analyst recommends to the Board to deny relief. 
       
        
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 4 May 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: A DD Form 293 with a self authored statement, part of an airborne counseling statement 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						
Board Vote:
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder


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 AR20110021900
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