Application Receipt Date: 070405

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: 011018
Chapter: 5-17    AR: 635-200
Reason: Physical Condition, Not Disability
RE:     SPD: JFV
Unit/Location: D Company, 3rd Battalion, 158th Aviation Regiment, APO AE
09182

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:  820201
Current ENL Date: 000502    Current ENL Term: 06 Years       
Current ENL Service: 01 Yrs, 05Mos, 17Days      
Total Service:  01 Yrs, 05Mos, 17Days      
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 67T10 (UH-60 Helicopter Repairer)   GT: NIF   EDU: NIF   Overseas:
Germany   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 11 October 2001, DA, Headquarters, United
States Army, Europe, Kitzingen Transition Center, Germany, APO AE 09225,
orders 284-005, discharged the applicant from the Regular Army, effective
date:  18 October 2001.

      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.  Additionally, if the applicant
desires to reenlist, he should contact the local recruiter to determine his
eligibility to reenlist.  Those individuals can best advise a former
service member as to the needs of the Army at the time, and are required to
process waivers of reentry eligibility (RE) codes.  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: 1 October 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: American Legion
                 ATTN: Mr. Larry Provost
                 1608 K Street NW
                 Washington, DC  20006

Witnesses/Observers: Mr. Mark Culler (Father-in-Law)

Exhibits Submitted: The applicant submitted one additional document, in
support of his testimony.



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 2    No change 3   - 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, hearing his testimony, 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: 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:


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