Applicant Name:  ?????

Application Receipt Date: 2008/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 070620   Chapter: 5-17       AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: D Co, 187th Ordnance 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:  21
Current ENL Date: 070212/OAD    Current ENL Term: 24 Weeks  or completion of basic and MOS Training.
Current ENL Service: 	00 Yrs, 04Mos, 08Days ?????
Total Service:  		00 Yrs, 05Mos, 10Days ?????
Previous Discharges: 	ARNG-070111-070211/NA
                                       (Concurrent Service)
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: None   GT: 119   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  Springdale, AR
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant's record is void of the specific facts and circumstances concerning the events that led to a  discharge from the Army.  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, paragraph 5-17, AR 635-200, by reason of a physical condition, not a disability with a characterization of service of uncharacterized.  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."
       
       
       

       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 and the issues 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 his 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 an uncharacterized discharge and a reentry eligibility (RE) code of "3."  Furthermore, the analyst noted the applicant's issue, however, 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 "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.  Further, if reenlistment is desired, the applicant should contact the local recruiter to determine 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 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: 2 July 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014990
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