Applicant Name:  ?????

Application Receipt Date: 2008/03/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached document 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: 050302   Chapter: 5-17     AR: 635-200
Reason: Physical Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location:  E Btry, 216th ADA, Fort Bliss, TX  

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:  23
Current ENL Date: 040820/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	00 Yrs, 06Mos, 23Days ?????
Total Service:  		03 Yrs, 05Mos, 20Days ?????
Previous Discharges: 	ARNG-010903-020106/NA
                                       ADT-020107-020509/UNC
                                       ARNG-020510-040819/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 14M10 Manpads Crewmember   GT: 91   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, AFRM-W/"M" DEV, ASR

V.  Post-Discharge Activity
City, State:  Esko, MN
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 AR 635-200, Chapter 5, paragraph 5-17, by reason of physical condition, not a disability, with a characterization of service of honorable, and a reentry eligibility (RE) code of "3."  Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., physical condition, not a disability).  On 25 February 2005, a DA, Human Resources Command memorandum approved the applicant's early release or discharge from active duty with a release date no later than 17 March 2005.  Further, the Fort Bliss Transition Center will be responsible for publication of the separation order. 
       
       The analyst noted that the applicant was discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-17.  Further, block 28 on the DD Form 214, narrative reason for separation reads "Physical Condition, Not A Disability."  However, tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes, list the narrative reason for separation as "Condition, Not A Disability."   

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that interferes with assignment to or performance of duty.  The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records during the period of enlistment under review, the issue 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 his 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 authenticated by the applicant's signature.  His DD Form 214 indicates that he was appropriately discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of physical condition, not a disability, with a characterization of service of honorable. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  With this type of discharge, regulations require that a physical condition interfere with the Soldier's ability to perform his duty, and that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Given the above requirement, the applicant would have been diagnosed by competent medical authority with a physical condition which severely impaired his ability to function and been recommended for administrative separation.  Furthermore, the analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of  AR 635-200, paragraph 5-17.   The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not A Disability" and the separation code is "JFV."  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.  Additionally,at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  In view of the foregoing, the analyst determined that the narrative reason for discharge and the separation code (SPD) remains 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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005718
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