Applicant Name: ?????

Application Receipt Date: 070716	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he wants his reentry code changed from 3 To 1B or any code which allows him to join now. Separation code was: JFW, please give me a JDR or HNB or better. .His case is very sensitive. He was an army linguist (MOS 09L) Arabic. He signed 8 years Army active and was discharged after 50 days only from service, and never showed up at basic training. His contract said that he has an ESL, Basic Training and then AIT. He was in Fort Jackson and had many issues concerning his family's safety who lived between Arabs and Iraqis, who don't like the U.S.Army. He was worrying about his family's safety and the criticism from the people who live in Dearborn,Mi, .and acted stupid in Fort Jackson. He was discharged after he had an EPTS profile/adjustment disorder. He states that he told individuals in his messege (Arabs and Iraqis) here in Dearborn Michigan, "if you hated me or don't like my family because i am in the U.S. Army.go back home." He wants to join again and he is ready to serve this country with his Arabic language skills and doesn't care what will happen in the future (he means that he doesn't care for any future criticism) that may happen against his family. "Please allow me to join again and if you need from me a sworn statement which says that i will not have any issues in the future.iam ready." He is waiting a call as soon as possible and note that the LTC who separated him (http://www.jackson.army.mil/187/index.htm, LTC wrote on his separation that he is not allowed to join the military again. 

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: 070410
Discharge Received:     Date: 070420   
Chapter: 5-11    AR: 635-200
Reason: Failed Medical/Physical Procurement Standards
RE:     SPD: JFW
Unit/Location: E Company, 187th Ordnance Battalion, 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
Year/Month:  8404  
HOR City, State: Dearborn, MI 48126-0000
Current ENL Date: 070301    Current ENL Term: 4 Years  ?????
Current ENL Service: 0 Yrs, 1 Mos, 20 Days ?????
Total Service:  0 Yrs, 1 Mos, 20 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: 14 Years   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 21 March 2007, after careful consideration of medical records, laboratory findings, and medical examinations, the Physical Evaluation Board (EPSB) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards (Adjustment Disorder with Mixed Anxiety and Depressed Mood) and in the opinion of the evaluating physicians the conditions(s) existed prior to service.  On 22 March 2007, the medical approving authority approved the findings of the Physical Evaluation Board (EPSB).  On 10 April 2007, the applicant was informed of the Physical Evaluation Board findings and advised of her rights.  The applicant stated that she understood that legal advice of an attorney employed by the Army was available to her or that she may consult civilian counsel at her own expense.  The applicant concurred with the medical proceedings, and requested to be discharged from the US Army.  On 10 April 2007, the unit commander subsequently recommended separation from the service.  On 12 April 2007, the separation authority directed that the applicant be discharged with an uncharacterized discharge. 

      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 military records, documents and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The proceedings of the Enlistment Physical Standards Board (EPSBD) revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, these findings were approved by competent medical authority.  The applicant agreed with these findings and the proposed action for administrative separation from the Army.  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.  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.  Further, 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.  Furthermore, the analyst noted the applicant's issue; however, 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 July 2008              
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. 

								        
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: 15 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009927
______________________________________________________________________


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