Application Receipt Date: 060511	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.

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: NIF
Discharge Received:     Date: 020313   
Chapter: 5-17    AR: 635-200
Reason: Physical Condition, Not A Disability
RE:     SPD: JFV
Unit/Location: Service Battery 2nd Bn 17th FA Bn Camp Casey, Korea AP 96224 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830506  
Current ENL Date: 010313    Current ENL Term: 6 Years  ?????
Current ENL Service: 01 Yrs, 00 Mos, 01Days ?????
Total Service:  01 Yrs, 00 Mos, 01 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 108   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ASR
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:
      The specific facts and circumstances pertaining to the applicant's discharge from the Army are not contained in the available records.  However, 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 AR 635-200, Chapter 5-17, by reason of physical condition, not a disability, with a general, under honorable conditions discharge and a reentry eligibility (RE) code of "3."  Furthermore, the DD Form 214 shows a Separation Code of JFV (physical condition, not a disability).  On 1 March 2002, DA, Camp Casey Transitioin Center, order 060-003, discharged the applicant from the Regular Army, effective date:  13 March 2002.      

      b.  Legal Basis for Separation:  
      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, that 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. 
      
      
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available military records during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of specific facts and circumstances that led to his discharge from the Army.  His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 5, Paragraph 5-17, by reason of physical condition, not a disability, with a general, under honorable conditions discharge.  With this type of discharge, regulations require that a physical condition interfere with the Soldier's ability to perform his duty, and that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Given the above requirement, the applicant would have been diagnosed by competent medical authority with a physical condition which severely impaired his ability to function and been recommended for administrative separation.  In the absence of evidence to the contrary, the analyst presumed Government regularity in the discharge process.  Furthermore, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 070307              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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
After carefully examining all of the applicant’s available military records during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was too harsh and as a result it is inequitable.  The Board found that the circumstances surrounding the discharge warranted an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.    


















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 070308
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006801

Applicant Name:  Mr.        
______________________________________________________________________


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