Application Receipt Date: 060901	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: 001127   
Chapter: 5-11    AR: 635-200
Reason: Failure To Meet Procurement Medical Fitness Standards
RE:     SPD: JFW
Unit/Location: F Troop, 5th Battalion, 15th Cavalry (TR), 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:  750810  
Current ENL Date: 000922    Current ENL Term: 3 Years  ?????
Current ENL Service: 00 Yrs, 02 Mos, 06 Days ?????
Total Service:  01  Yrs, 06 Mos, 03 Days ?????
Previous Discharges: ARNG-990427-000327/UNC
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: None   GT: 111   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant states he has been a police officer in the city of Gould since 20 August 1999.

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 Chapter 5-11, AR 635-200 by reason of failure to meet procurement medical fitness standards, with service uncharacterized. Furthermore, the DD Form 214 shows a Separation Code of JFW (i.e., failure to meet procurement medical fitness standards), with a reenlistment eligibility (RE) code of "3."     Evidence of record shows that on 21 November 2000, DA, HQ, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, Orders 326-0162, discharged the applicant from the Regular Army, effective date:  27 November 2000.  

      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 regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  Army regulation 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 all the applicant’s available records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  The applicant’s Entrance Physical Standards Board (EPSBD) is not part of  the available records.  However, the record does contain a properly constituted DD Form 214, which was authenticated by the applicant's signature, it shows that the he was separated under the provisions of Chapter 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards, with service uncharacterized.  As such, there is the presumption of regularity that what the Army did was correct and that the applicant was fully cognizant of the procedures and ramifications of a discharge under the provisions of chapter 5, paragraph 5-11, AR 635-200.  There is also the presumption that the applicant concurred with the medical proceedings, and requested to be discharged.  The applicant's service was uncharacterized because he was in entry-level status, i.e., in an initial probationary period of service.  Any individual, who has served for less than 180 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge.  An uncharacterized discharge denotes only that the individual had less than 180 days on active duty.  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 the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In view of the aforementioned, 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: 3 October 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, and 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: 


CHRISTINE U. MARTINSON			DATE: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder


ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012265

Applicant Name:  Mr.        
______________________________________________________________________




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