Applicant Name:  ?????

Application Receipt Date: 080709	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 and attached documents submitted by the Applicant in which she states, "I was discharged because of a CONDITION, NOT A DISABILITY with an UNCHARACTERIZED Discharge.  I was rated at a 10% Service Connected Disability for the same injury (Neck Problems) by VA on 5/15/22007."

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: 070514   Chapter: 5-17       AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: D Co, 82d CM Bn T, US Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, MO 

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:  29
Current ENL Date: 070220    Current ENL Term: 08 Years  ARNG   Medical waiver
Current ENL Service: 	00 Yrs, 02 Mos, 25 Days ?????
Total Service:  		00 Yrs, 02 Mos, 25 Days ?????
Previous Discharges: 	ARNG - 061030-070219/NA (Concurrent Service)
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Rockford, IL
Post Service Accomplishments: None listed by the Applicant.

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.  The DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 5-17, AR 635-200, by reason of a condition, not a disability with an uncharacterized separation of service.  Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., condition, not a disability) with a reentry eligibility (RE) code of 3.  Additionally, Orders 131-1315, dated 11 May 2007, Department of the Army, Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, indicate the Applicant was released from active duty for training on 14 May 2007 and was, therefore, in entry level status.   

       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.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the Applicant’s available military records, documents and the issue and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge.  The evidence of record shows that the Applicant was discharged under the provisions of Chapter 5-17, AR 635-200, by reason of a condition, not a disability with an uncharacterized separation of service. The Applicant’s service was uncharacterized because she was in an entry-level status.  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 Soldier’s service will be uncharacterized when her separation is initiated while the Soldier is in entry level status.  An honorable discharge is not authorized under ELS conditions.  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 Applicant’s record and her service did not warrant an honorable discharge.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the Applicant were fully protected throughout the separation process.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 29 April 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011035
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