Applicant Name:  ?????

Application Receipt Date: 071205	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated " I request assignment to the Individual Ready Reserve so that I may pursue a position with the active duty army or active reserve."

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: 070108   Chapter: 4-24b(5)     AR: 635-40
Reason: Disability, Other	   RE:     SPD: MFR   Unit/Location: 509th TC Det, Contract Sup, Fort Stewart, GA  

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  44
Current ENL Date: 040119/OAD    Current ENL Term: 00 Years  545 Days
Current ENL Service: 	02 Yrs, 11Mos, 20Days ?????
Total Service:  		25 Yrs, 03Mos, 00Days ?????
Previous Discharges: 	USAR-811009-830915/NA
                                       AD-830916-921002/NA
                                       USARCG-921003-040118/NA
Highest Grade: 0-5		Performance Ratings Available: Yes    No 
MOS: 51A Systems Development   GT: NA   EDU: BS Industrial Engr   Overseas: Southwest Asia   Combat: Kuwait/Iraq (040227-040415)
Decorations/Awards: JSM-2, JSAM-2, ARCOM-2, AAM-2, NDSM, ICM, GWOTSM, JMUA

V.  Post-Discharge Activity
City, State:  Panama City Beach, FL
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 24b(5) by reason of disability, other, with an honorable characterization of service.  Furthermore, the DD Form 214 shows a Separation Code of MFR (i.e., disability, other).  On 7 January 2007, DA, HQ, 3rd Infantry Division and Fort Stewart, Fort Stewart, Georgia, released the applicant from the Regular Army, effective date:  8 January 2007, and assigned the applicant to the USAR Control Group (Retired Reserve).   

       b.  Legal Basis for Separation:  
       Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.  Chapter 4, provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the Soldier’s misconduct.  Paragraph 4-24b(5) provides transfer of a  Soldier who has completed at least 20 qualifying years of Reserve service, and otherwise qualifies for transfer as described in paragraph 8-9, to the Inactive Reserve on the Soldier's request (section 1209, title 10, United States Code (10 USC 1209)).  The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status.  The service of Soldiers in an entry-level status will be uncharacterized.  

       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, the issues and document he submitted, 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 a 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 not 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.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 4-24b(5) by reason of disability, other, with an honorable characterization of service.  Furthermore, the DD Form 214 shows a Separation Code of MFR (i.e., disability,other).  In connection with such a discharge, the proceedings of a Medical Evaluation Board would have diagnosed the applicant with a medical condition that made him unfit to perform his military duties and referred him to a Physical Evaluation Board (PEB).  A PEB would have determined that the applicant was physically unfit to perform his military duties due to a condition that occurred in line of duty and was not due to his own misconduct.  The PEB would have recommended separation with a disability percentage.  The applicant, having been informed of the findings and recommendations of the PEB, would have concurred with the PEB’s findings and recommendations. 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.  Furthermore, the analyst noted the applicant's issue; however, the narrative reason specified by Army Regulations for a discharge under this paragraph is "Disability, Other" and the separation code is "MFR."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Further, the applicant's issue requesting assignment to the Individual Ready Reserve (IRR) in order to pursue a position with the Active Army or Active Reserve does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 January 2009         Location: Washington, DC

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 narrative reason for discharge was both proper and equitable and voted not to change it. 

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070018678
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