Applicant Name: 

Application Receipt Date: 2008/09/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: NIF
Discharge Received: 			   Date: 070510   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: Home Detachment, 626th CS Bn, 101st Airborne Division (Air Assault), Fort Campbell, KY 

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:  21
Current ENL Date: 050509    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 00Mos, 01Days ?????
Total Service:  		4 Yrs, 09Mos, 04Days ?????
Previous Discharges: 	RA 020807-050508/HD 
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92Y20/Unit Supply Specialist   GT: 98   EDU: HS GRAD   Overseas: Korea, Kuwait, Iraq   Combat: Kuwait/Iraq (030103-040115), Iraq (060127-060918)
Decorations/Awards: ARCOM, AAM (3), AGCM, NDSM, GWOTEM, GWOTSM, ICM, ASR, OSR (2), AASLT

V.  Post-Discharge Activity
City, State:  Frederick, MD
Post Service Accomplishments: States that she has worked for the FEMA since fall 2007













VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17 by reason of a physical condition, not a disability with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., 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 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 available records for the period of enlistment under review, the the issue and supporting documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army; however the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with a general under honorable conditions discharge and a reentry eligibility (RE) code of "3."  The analyst noted the applicant's issue, however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.   Additionally, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  Finally, the applicant was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation Because of a 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service are both proper and equitable and recommends to the Board to deny relief.  









VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 January 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Yes

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, hearing her testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of her service to include her combat service and post service (accomplishments with the Federal Emergency Management Agency and the Department of Defense Inspector General's Office), as a result, it is inequitable.  Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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:Honorable 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014601
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