Applicant Name:  ?????

Application Receipt Date: 2008/12/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant provided no issues of equity or propriety to be considered by the Board. See enclosed DD Form 293.  The Applicant states in his DD Form 293, "I am requesting that my discharge be changed due to the fact that i served my Country and the United Stated Army Honorably and with integrity, loyalty and dedication to duty. I would like my certificate of discharge to reflect that i was discharged Honorably."

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: 000128   Chapter: 5-18       AR: 635-200
Reason: Physical Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: 19th SC Co, SIG CO HQS, Ft. Huachuca, AZ 

Time Lost: Block 29 of DD 214 shows (991207-000105), no details are contained in the available file.

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:  22
Current ENL Date: 980702    Current ENL Term: NIF Years  ?????
Current ENL Service: 	1 Yrs, 5Mos, 9Days ?????
Total Service:  		4 Yrs, 7Mos, 10Days ?????
Previous Discharges: 	RA 950519-980720/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A10 Auto Log Spec   GT: 112   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Albuquerque, NM
Post Service Accomplishments: Nothing provided by the Applicant.

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 the 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 18, AR 635-200, physical condition, not a disability with a character of service of general under honorable conditions discharge.  Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e. physical 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 5-18 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 5-18 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 the applicant’s military records, and the document he submitted, the analyst recommends to the Board that the applicant’s request for an upgrade of his characterization of service be denied.  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 Government regularity is presumed in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 5, Paragraph 5-18, AR 635-200, by reason of physical condition, not a disability, with a general under honorable conditions separation of service and a reentry eligibility (RE) code of "3. The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process. 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.   Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. Therefore, the analyst recommends to the Board that the reason for discharge and the characterization of service are both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 091007         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 AR20080020042
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