Applicant Name: ?????
Application Receipt Date: 2008/08/13 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 149 and supporting documents 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: 990124
Discharge Received: Date: 000115 Chapter: 5 AR: 135-178
Reason: Physical Disqualification (M6) RE: SPD: NA Unit/Location: HHD, 23d CS Bn, Warren, OH
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: 17
Current ENL Date: 970113 Current ENL Term: 8 Years ?????
Current ENL Service: 03 Yrs, 00Mos, 02Days ?????
Total Service: 03 Yrs, 00Mos, 02Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: None GT: 111 EDU: GED Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Akron, OH
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 15 January 2000, DA, HQ; 88th Regional Support Command, Fort Snelling, Minnesota, Orders 00-015-026 discharged the applicant from the US Army Reserve under the provisions of AR 135-178, by reason of physical disqualification with an uncharacterized discharge. The separation code assigned was M6 which indicates physical disqualification. The specific facts and circumstances leading to the applicants discharge are not contained in the available records.
b. Legal Basis for Separation:
Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Paragraph 6-6 of that regulation states that individuals can be separated on determination that a soldier was not medically qualified under procurement medical fitness standards when accepted for enlistment, or who become medically disqualified under these standards prior to entry on IADT. A soldier found to be not medically qualified under procurement medical fitness standards will be discharged on the earliest practical date following such determination.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records during the period of enlistment under review and the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants record is void of specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. The applicants record contains a properly constituted separation order, which identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That separation order shows that the applicant was discharged under the provisions of AR 135-178, by reason of a physical disqualification with service uncharacterized. In view of the applicants contention that he completed basic training when it was determined that he failed to meet medical fitness procurement standards, the analyst determined that the applicant was in an entry-level status and appropriately discharged with service uncharacterized. For ARNG and USAR soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For soldiers ordered to IADT for one continuous period, It terminates 180 days after beginning training. For soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. Furthermore, 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. 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: 22 May 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 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 AR20080013837
______________________________________________________________________________
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