Applicant Name: ?????
Application Receipt Date: 080229 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the applicant.
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: 050623 Chapter: 5-11 AR: 635-200
Reason: Failed Medical/Physical Procurement Standards RE: SPD: NIF Unit/Location: HQ 46th AG, Ft. Knox, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 47
Current ENL Date: 050511 Current ENL Term: NIF Years ?????
Current ENL Service: 00 Yrs, 01Mos, 13Days ?????
Total Service: 15 Yrs, 11Mos, 14Days (In cludes 2/1/0 of inactive service)
Previous Discharges: NIF
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: NIF GT: NIF EDU: NIF Overseas: NIF Combat: None
Decorations/Awards: JSCM, JSAM,JSCM, NAM, NGCM x2, NDSM.
V. Post-Discharge Activity
City, State: Durham, NC
Post Service Accomplishments: Not Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence shows the applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The record indicates that on 23 June 2005, the applicant was discharged under the provisions of Chapter 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge. The record contains a properly constituted DD Form 214 (Report of Separation and Record of Service). On 23 June 2005, the applicant was 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 soldiers 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 applicants military records, and the issue he submitted, to include his supporting documents, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 soldiers 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 applicants record and his service did not warrant an honorable discharge. The analyst recommends to the Board that the reason for discharge and the characterization of service remain both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 12 December 2008 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080003409
______________________________________________________________________________
Page 3 of 3 pages
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