Applicant Name:  

Application Receipt Date: 2007/09/12	

Prior Review    Prior Review Date: None	

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

Issues: See DD Form 293 and attached documents submitted by the Applicant

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: 040624   
Chapter: 5-11      AR: 635-200
Reason: Failure to meet procurement medical fitness standards
RE:     SPD: LFW
Unit/Location: BTRY F, 1 BN 19FA TR TC, FT Sill, OK 

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:  8008  
HOR City, State: Jefferson  City, TN
Current ENL Date:  OAD / 040427    Current ENL Term:  NIF  Years  ?????
Current ENL Service:   00 Yrs,   01 Mos,   28 Days    
Total Service:    01  Yrs,   02 Mos,   00 Days ?????
Previous Discharges: ARNG 030425-040426 
                                           (Concurrent service)	
Highest Grade:   E3 
Performance Ratings Available: Yes    No 
MOS: None	   GT: NIF	   EDU: NIF	   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 release from active duty 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 released under the provisions of Chapter 5, Paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards, with service uncharacterized.  Furthermore, the DD Form 214 shows a Separation Code of LFW (i.e., failure to meet procurement medical fitness standards), with a reentry eligibility (RE) code of 3.  The record is void of the orders releasing the applicant from active duty, however the DD Form 214 indicates the applicant was released from active duty and transferred to the Tennessee Army National Guard effective 24 June 2004.  The available record also includes an NGB Form 22 showing the applicant was discharged from the Tennessee Army National Guard and as a Reserve of the Army effective 24 June 2004.  

      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 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 the specific facts and circumstances concerning the events that led to his discharge from the Army, however the applicant’s record contains 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 procurement medical fitness standards with service uncharacterized.  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.  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.  A fully honorable discharge is not authorized under ELS conditions.  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 noted the applicant's issue, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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 that the Board deny relief.
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 17 July 2008              
Location: Washington D.C.

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

Case Number AR20070012943
______________________________________________________________________


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