Applicant Name:  

Application Receipt Date: 2009/01/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I enlisted into the army on a delayed entry program where I was to leave a few weeks after I graduated High School. A few days before I was to leave for basic training I sprained my ankle. When I was at Fort Indiantown Gap before basic the doctor noted my ace bandage and asked if it would effect my performance in any way, I told the doctor what had happened and asked if I was able to delay entry for a few days until the swelling went down and the full movement came back. He informed me that due to the swelling I was unable to ship, my ride came for me and I went home.  A few weeks later before I was to report for another drill I received my information packet stating I had a RE-3 Uncharacterized Discharge. I was shocked that not only I was unable to leave for basic but I was kicked out of the army for good. Some time passed and I wanted a second chance so I have talked to a few recruiters and I get the same run around about needing a medical waiver and I have found that it makes me non-priority and I can't find anyone who will help me in my quest.  So after some researching I found that I can file for change of discharge information. There is nothing I want more then to re-enlist in the army. I have been studying for the ASVAB and by judging by the 3 practice tests available online I have tremendously increased my scores, I have been running 3-4 times a week and exercising daily, at the age of 24 I can outperform all the scores on the PT that I had when I was 17.  I believe anyone can get a second chance, what you do with it is what makes the difference. thank you".

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 020715   Chapter: 8-26b(3)       AR: NGR 600-200
Reason: Failure to Meet Medical Procurement Standards	   RE:     SPD: NA   Unit/Location: HHC 213rd Areas SPT GP, Allentown, PA 

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:  17
Current ENL Date: 010713    Current ENL Term: NIF Years  ?????
Current ENL Service: 	1 Yrs, 00Mos, 03Days ?????
Total Service:  		1 Yrs, 00Mos, 03Days ?????
Previous Discharges: 	None
Highest Grade: NIF		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Charlotte, NC
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates that the applicant was discharged under the provisions of Paragraph 8-26b(3), NGR 600-200, by reason of failure to meet medical procurement standards with an uncharacterized discharge, and a reenlistment 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 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. 

       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 issue he 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 National Guard.  However, the record does contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) which indicates that the applicant was unavailable for signature.  This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process.  Barring evidence to the contrary, 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.  The analyst noted the applicant’s issues; however, the applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous nor provided any evidence to support that the discharge was the result of any medical condition.  After a careful review of all the applicant’s military records during the period of enlistment under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's NGB Form 22.  The applicant was discharged under the provisions of Chapter 8-26b(3), NGR 600-200, by reason of failure to meet medical procurement standards with an uncharacterized discharge.  The narrative reason for separation is governed by specific directives.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  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.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  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 aforementioned, the analyst determined that the reason for discharge and characterization of service were both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 October 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090001245
______________________________________________________________________________


Page 3 of 3 pages