Applicant Name:  ?????

Application Receipt Date: 2008/08/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that she was injured while in active duty status and did nothing wrong to deserve anything less than an honorable discharge.  She submits 46 pages of supporting medical documents for the Board's consideration. 

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: 080717
Discharge Received: 			   Date: 080801   Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: F Co, 120th AG Bn, Fort Jackson, SC 

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:  18
Current ENL Date: IADT 080416    Current ENL Term: 17 Weeks Years  ?????
Current ENL Service: 	00 Yrs, 03Mos, 16Days ?????
Total Service:  		00 Yrs, 04Mos, 00Days ?????
Previous Discharges: 	USAR 080402 (Concurrent Service)
Highest Grade: E-2		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:  Jacksonville, NC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the applicant was diagnosed by competent medical authority with a right knee ACL tear and was treated extensively with 4 weeks of physical therapy.  On 29 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-17, AR 635-200, by reason of a physical condition not a disability, for which she had been treated, however, it was determined that this condition would interfere with her ability to ship to the required military training.  The unit commander recommended that she be discharged with an entry level uncharacterized separation of service.  She was advised of her rights.  On 22 July 2008, the applicant waived legal counsel and did not submit a statement in her 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 uncharacterized discharge.  On 28 July 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be released discharged with a characterization of service of uncharacterized.  

       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 and the issue 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 diagnosed by competent medical authority with a right knee ACL tear.  It was determined that this physical condition interfered with her ability to attend her scheduled training and her ability to function in the military environment was significantly impaired.  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 the 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.  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: 3 June 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 AR20080013546
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