Application Receipt Date: 061107	

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: 060925   
Chapter: 5-11    AR: 635-200
Reason: Failed Medical/ Physical/ Procurement Standards
RE:     SPD: JFW
Unit/Location: B Company 3rd Bn 34th Infantry Fort Jackson, SC 29207 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  810719  
Current ENL Date: 060809    Current ENL Term: 3 Years  22 weeks
Current ENL Service: 00 Yrs, 01Mos, 17 Days ?????
Total Service:  00 Yrs, 01 Mos, 17 Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No 
MOS: None   GT: 95   EDU: HS Grad   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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  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.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-11, by reason of failed medical/ physical/ procurement 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).  On 20 September 2006, Department of Army, HQ, U.S. Army Training Center, Fort Jackson, SC, issued Orders 263-1311, which discharged the applicant from the Regular Army, effective date:  25 September 2006.  

      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 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 applicant’s available record for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case.  The evidence of record shows the applicant was discharged by reason of failed medical/ physical/ procurement standards.  The applicant’s Entrance Physical Standards Board (EPSBD) is not included in the records available to the Board.  However, the record does contain a properly constituted DD Form 214 which was authenticated by the applicant's signature, which shows that the he was separated under the provisions of Chapter 5, AR 635-200, by reason of failed medical/ physical/ procurement standards.  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.  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 narrative reason discharge was both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 4 June 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     No change    (Character)
		 			       	Change     No change    (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 narrative reason for discharge was both proper and equitable, 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: 13 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060015815

Applicant Name:  Mr.       
______________________________________________________________________


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