Applicant Name:  ?????

Application Receipt Date: 2008/04/25	Prior Review:     Prior Review Date: 071120, ABCMR 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that his reason for discharge as stated in his DD Form 214, Physical Condition Not a Disability is false.  He never received any medical treatment or was injured while serving in the Army.  He provides several documents in support of his request and states that the physical condition never existed.  He asks that narrative reason for his discharge be changed because it has impacted his ability to find a job in law enforcement.  When potential employers see the reason for his discharge from the Army, Physical Condition, Not a Disability, they question his health and physical abilities to perform the duties of job/career, thus making him a liability.  He then has to explain and provide them with a copy of his DD Form 293 and let them know that he has no medical records that would explain such a condition.  This causes potential employers to stop the hiring process, thus making it impossible to gain any employment anywhere that involves medical clearance for health insurance/employment.

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: Not In File (NIF)
Discharge Received: 			   Date: 030926   Chapter: 5-17    AR: 635-200
Reason: Physical Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: C Co, 1-504th IN Bn, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None in file, however, the applicant entered the Army as an E-3 and was discharged as a PVT/E-1.  The documents for the said reduction in rank are not contained in the available record.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  32
Current ENL Date: 021031    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 10Mos, 26Days ?????
Total Service:  		00 Yrs, 10Mos, 26Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 108   EDU: 2 YR COLL   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  San Diego, CA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 July 2003, the applicant was diagnosed with an adjustment disorder with mixed disturbances of emotions and conduct.  The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-17, AR 635-200, by reason of physical condition, not a disability with an honorable conditions discharge.  The specific reasons cited by the unit commander as shown in the record, indicate that the applicant was evaluated by the Division Mental Health and diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct and for being diagnosed with an adult antisocial behavior and occupational problems.  This dysfunction was of such severity that in the commander’s assessment, his ability to perform military duties was significantly impaired.  He was advised of his rights.  On 6 August 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  The separation authority directed that the applicant be discharged with a characterization of service of honorable.  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph     5-17 specifically provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which 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 Regulation 635-200 states that a soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in his/her service that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The applicant was discharged under the provisions of Chapter 5, paragraph, 5-17, AR 635-200, by reason of other physical or mental condition not amounting to a disability.  The narrative reason for separation is governed by specific directives.  The reason specified by Army Regulations for a discharge under this paragraph is " Physical 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 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.  The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issues; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  If the applicant desires to complete his service or reenlist as he states in his application, 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 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: 3 April 2009         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 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 AR20080008734
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