Application Receipt Date: 060720
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 050621
Chapter: 5-11 AR: 635-200
Reason: Failure to Meet Procurement Medical Fitness Standards
RE: SPD: JFW
Unit/Location: ITB 50 IN 01 BN CO B, Fort Benning, GA 31905
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 840505
Current ENL Date: 050519 Current ENL Term: 04 Years 19 Weeks
Current ENL Service: 00 Yrs, 01Mos, 03Days (Includes 9 days of excess leave 050613-050621)
Total Service: 00 Yrs, 01Mos, 03Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: None GT: NIF EDU: 2 yrs Coll Overseas: None Combat: None
Decorations/Awards: None
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 leading to the applicants discharge from the Army are not contained in the available records. However, evidence of record shows that on 21 June 2005, Orders 172-2217, DA, HQ, US Infantry Center, Fort Benning, GA, discharged the applicant from the Regular Army, effective date: 21 June 2005. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized separation of service. Furthermore, the DD Form 214 shows a Separation Code of JFW (i.e., failed medical/physical/procurement standards) with a reentry eligibility (RE) code of 3.
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 soldiers 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, provides 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 applicants available records for 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 applicants record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army, however the applicants record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicants signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 5, Paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards with service uncharacterized. In connection with such a discharge, the proceedings of an Enlistment Physical Standards Board (EPSBD) would have revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, competent medical authority would have had to approve the findings of the EPSBD. The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army. 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 Soldiers service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. A fully honorable discharge is not authorized under ELS conditions. 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 applicants record and his service did not warrant an honorable discharge. Therefore, 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: 18 July 2007
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 0 No change 5 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, and voted to deny relief.
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 31 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010211
Applicant Name: Mr.
______________________________________________________________________
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