Applicant Name:  ?????

Application Receipt Date: 2008/01/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 080814   Chapter:  4-24     AR: 635-40
Reason: Disability, Severance Pay, Non-Combat Related	   RE:     SPD: JFO   Unit/Location: HQs 46th AG Hldg Det, Fort Knox 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:  29
Current ENL Date: 080321    Current ENL Term: 8 Years  (with an approved moral waiver)
Current ENL Service: 	0 Yrs, 4Mos, 12Days ?????
Total Service:  		0 Yrs, 4Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records.  However, the evidence of record shows that on 22 July 2008, a Physical Evaluation Board (PEB) determined that the applicant was physically unfit to perform his military duties due to a condition that occurred in the line of duty and was not due to his own misconduct.  The PEB recommended separation with severance pay.  On 29 July 2008, having been informed of the findings and recommendations of the PEB, the applicant concurred with the PEB’s findings and recommendations and waived a formal hearing of his case.  The separation approving authority directing the characterization of discharge is not contained in the available record and the analyst is presuming Government regularity in the discharge process.  On 12 August 2008, Department of Army, Headquarters U.S. Army Armor Center, Fort Knox, KY 40121, Orders 225-0152, discharged the applicant from the Regular Army, effective date:  14 August 2008.  

       b.  Legal Basis for Separation:  
Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.  Chapter 4, provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the Soldier’s misconduct.  Paragraph 4-24b(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay.  The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status.  The service of Soldiers in an entry-level status will be uncharacterized.  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 military records, and the issue 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 complete facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s 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.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 4-24b (3) by reason of disability, severance pay, with an uncharacterized separation of service.  In connection with such a discharge, the proceedings a Physical Evaluation Board (PEB) determined that the applicant was physically unfit to perform his military duties due to a condition that occurred in line of duty and was not due to his own misconduct.  The PEB  recommended separation with severance pay.  The applicant, having been informed of the findings and recommendations of the PEB, concurred with the PEB’s findings and recommendations.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  Absence evidence to the contrary the analyst presumes that the applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished within 72 hours following approval by the separation authority.  Further, 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 applicant’s record and his service did not warrant an honorable discharge.  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.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.

Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26 an incorrect separation code of JFO.  The correct code is JKL - (Disability, Severance Pay, Non-Combat Related).  In view of the error, the analyst recommended to the Board that an administrative change be made to block 26.  Except for the foregoing modification to the applicant's separation code, the Board found the reason for separation both proper and equitable.


VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 November 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 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. Furthermore, the Board unanimously agreed with the analyst's recommendation to change the applicant's DD Form 214, block 26, separation code to JFL - (Disability, Severance Pay, Non-Combat Related).  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change ?????    No change N/A
Reason -     Change ?????    No change 5

								         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: N/A
Other: DD Form 214, block 26 										
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005296
______________________________________________________________________________


Page 1 of 3 pages