Applicant Name:  ?????

Application Receipt Date: 2009/04/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I was given an uncharacterized discharge.  I hurt my right knee in basic training and they decided to discharge me."  In support of his application he submits a document from the Department of Veterans' Affairs that grants him service connected benefits.

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: 000419
Discharge Received: 			   Date: 000830   Chapter: 4-7       AR: 135-178
Reason: Failure to Meet Medical Fitness Standards	   RE:     SPD: NIF   Unit/Location: B Co, 458th EN Bn, Indiana, 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: 990108    Current ENL Term: 8 Years  ?????
Current ENL Service: 	01 Yrs, 07Mos, 22Days ?????
Total Service:  		01 Yrs, 07Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 103   EDU: 10 YRS   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Glen Campbell, PA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 April 2000, the unit commander notified the applicant, via a certified letter, of initiation of involuntary separation action under the provisions of AR 135-178, by reason of failure to meet medical fitness standards for ongoing treatment for an injury to his right knee, with an uncharacterized discharge.  On 30 August 2000, DA HQ, 99th Regional Support Command, Oakdale, PA, Orders number 00-243-005, discharged the applicant with an uncharacterized separation of service.
       
       
       

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 provides the basic authority for the separation of USAR enlisted personnel.  It specifically states 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 initial active duty training (IADT) will be separated.  A Soldier found to be not medically qualified under procurement medical fitness standards will be discharged on the earliest practical date following such determination.  The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.  However for Soldiers in entry-level status, it will be uncharacterized. For USAR and Army National Guard Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT).  Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.

       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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant’s record is void of all the facts and circumstances concerning the events that led to the discharge from the Army Reserve and the analyst presumed government regularity in the discharge process.  The applicant’s record does contain a document which indicates he was being discharged after his civilian doctor made a determination that the applicant would not be able to handle the rigors of active duty training.  
       
       Orders number 00-243-005, DAHQ, 99th Regional Support Command, Oakdale, PA, discharged the applicant from the USAR effective 30 August 2000 with an uncharacterized separation of service.  
       
       The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable, unless the Soldier is in entry-level status.  The analyst determined that the applicant was in entry level status.  For Soldiers in entry-level status, the discharge will be uncharacterized.
       
       In view of the aforementioned, the analyst determined that the reason for discharge and characterization of service were both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 29 January 2010         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.  
        
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 AR20090008111
______________________________________________________________________________


Page 1 of 3 pages