Application Receipt Date: 060726	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached document. 

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: 040728   
Chapter: 4-24B (3)    AR: 635-40
Reason: Disability, Severance Pay
RE:     SPD: JFL
Unit/Location: HQ 46th AG Hold Detachment Fort Knox, KY 40121-5000 

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:  830828  
Current ENL Date: 040330    Current ENL Term: 3 Years  17 Weeks
Current ENL Service: 00 Yrs, 03 Mos, 29 Days ?????
Total Service:  00  Yrs, 03 Mos, 29 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: NIF   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 evidence of record shows that on 9 July 2004, a Medical Evaluation Board diagnosed the applicant with a medical condition that made him unfit to perform his military duties and referred him to a Physical Evaluation Board (PEB).  On 9 July 2004, a PEB determined that the applicant was physically unfit to perform his military duties due to a condition that occurred in line of duty and was not due to his own misconduct.  The PEB recommended separation with severance pay.  On 13 July 2004, having been informed of the findings and recommendations of the PEB, the applicant concurred with the PEB’s findings and recommendations and waived a formal hearing of his case.  The separation approving authority directing the characterization of discharge is not contained in the available record and the analyst is presuming Government regularity in the discharge process.  On 27 July 2004, Department of Army, Headquarters U.S. Army Armor Center, Fort Knox, KY 40121,  Orders 209-0155, discharged the applicant from the Regular Army, effective date:  28 July 2004.  

      b.  Legal Basis for Separation:  
      Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.  Chapter 4, provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the Soldier’s misconduct.  Paragraph 4-24b(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay.  The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status.  The service of Soldiers in an entry-level status will be uncharacterized.  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 applicant’s available military records during the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst noted that the applicant was in an entry level status at the the time of initiation of the separation action.  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.  Absence evidence to the contrary, the analyst presumes that the applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished within 72 hours following approval by the separation authority.  Furthermore, for Soldiers in entry-level status, 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  was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 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 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, voted to deny relief.





















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: 1 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010455

Applicant Name:  Mr.        
______________________________________________________________________


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