Applicant Name:  

Application Receipt Date: 2007/11/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that she fulfilled her duties as a soldier, served in positions of leadership while in training, and was recommended by her 1SG and company commander for an honorable discharge.  She became very stressed while in AIT, had a psychological evaluation and was placed under a strong medication (Lythium).  She was dropped from the 91W course and reassigned to Fort Gordon to be reclassified as a 94F.  Upon her arrival at Fort Gordon, the unit 1SG determined her medical condition needed to be resolved first.  She was returned to Fort Sam Houston where she was processed for discharge.  She was recommended for an honorable discharge by her unit 1SG and company commander.  She provides 12 documents for the Board's consideration.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 061122   Chapter: 5-11    AR: 635-200
Reason: Failed Medical/Physical/Procurement Standards	   RE:     SPD: JFW   Unit/Location: B Co, 232d Medical Training Bn, Fort Sam Houston, TX 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): NOne

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 060316    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 08Mos, 07Days ?????
Total Service:  		00 Yrs, 08Mos, 07Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 123   EDU: 2 YRS COLL   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Houston, TX
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.  Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, Paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards, with a general under honorable conditions discharge.  Furthermore, the DD Form 214 shows a Separation Code of JFW (i.e., failure to meet procurement medical fitness standards), with a reentry eligibility (RE) code of 3.  On 22 November 2006, Orders 126-0104, DA, HQ, US Army Medical Department Center and School, Fort Sam Houston, TX discharged the applicant from the Regular Army, effective date: 22 November 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 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 and documents that she submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  Although the applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army, the record shows that DA HQS, US Army Medical Department Center and School, Fort Sam Houston, TX, Orders number 286-251, dated 13 October 2006, in fact reassigned the applicant from Fort Sam Houston to Fort Gordon, GA for training in a new MOS.  Upon her arrival at Fort Gordon it was discovered that she was on a temporary profile, the orders were amended and she was returned back to Fort Sam Houston, TX.  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 a general, under honorable conditions discharge.  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.  Further review of the record reveals the absence of any misconduct, negative counseling statements, or UCMJ action that may have provided the basis for a less than honorable discharge.  In view of the foregoing, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable based on the circumstances surrounding the discharge.  The analyst found that the reason for discharge remains both proper and equitable.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 September 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 characterization of service was too harsh based on the circumstances surrounding the applicant’s discharge and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070016067
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