Applicant Name: ?????

Application Receipt Date: 070803	

Prior Review    Prior Review Date: None

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

Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.

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: 070424   
Chapter: 5-11    AR: 635-200
Reason: Failed Medical, Physical Procurement Standards
RE:     SPD: JFW
Unit/Location: D Co, 787th MP Bn, Fort Leonard Wood, MO 65473 

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
Year/Month:  8206  
HOR City, State: Pico Rivera, CA
Current ENL Date: 060913    Current ENL Term: 5 Years  ?????
Current ENL Service: 00 Yrs, 07 Mos, 24 Days ?????
Total Service:  00  Yrs, 07 Mos, 24 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: None   GT: 92   EDU: HS Grad   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 specific facts and circumstances leading 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, Paragraph 5-11, AR 635-200, for failure to meet medical, physical procurement standards, with an honorable characterization of service.  Furthermore, the DD Form 214 shows a Separation Code of JFW (i.e., failure to meet medical, physical procurement standards), with a reentry eligibility (RE) code of "3."  On 23 April 2007, U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, MO, Orders 113-1309, discharged the applicant from the Regular Army, effective date:  24 April 2007.  

      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 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 analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  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 applicant’s 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.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 5, Paragraph 5-11, AR 635-200, for failure to meet medical, physical procurement standards with an honorable characterization of service.  In connection with such a discharge, the proceedings of an Enlistment Physical Standards Board (EPSBD) would have revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, competent medical authority would have had to approve the findings of the EPSBD.  The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends that the Board deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 29 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 0   - 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 narrative reason for discharge was both proper and equitable and voted not to change it.





















  

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

Case Number AR20070010710
______________________________________________________________________


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