Applicant Name: ?????
Application Receipt Date: 090427 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 and supporting documentation submitted by the Applicant's attorney-in-fact, who states, "My husband's narrative reason for his separation to his dd214 in block 28 did not include his diagnoses of the following, his paranoidd schizophrenia, and his secondary diagnoses of post traumatic stress disorder."
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: 060106 Chapter: 4-24b(2) AR: 635-40
Reason: Disability, Temporary RE: SPD: SFK Unit/Location: HHC, 2-34th AR, Ft. Riley, KS
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 24
Current ENL Date: 040603 Current ENL Term: 3 Years ?????
Current ENL Service: 01 Yrs, 07 Mos, 04 Days ?????
Total Service: 05 Yrs, 09 Mos, 22 Days Applicant's DD Form 214 indicates the Applicant was placed on the retired list in the grade of E4/Spec.
Previous Discharges: USAR/ARNG - 000315-040914/HD Concurrent Service
IADT - 000518-001122/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 91W Health Care Spec GT: 101 EDU: GED Overseas: SWA Combat: Kuwait/Iraq (050115-050815)
Decorations/Awards: NDSM, ASR, GWOTEM, GWOTSM, ARCAM
V. Post-Discharge Activity
City, State: Lake Dallas, TX
Post Service Accomplishments: None submitted.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The Applicants 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. That DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 24b(2) by reason of disability, temporary, with a characterization of service as an honorable discharge. Furthermore, the DD Form 214 shows a Separation Code of SFK (i.e., disability, temporary). On 28 December 2005, Department of Army, Headquarters, 24th Infantry Division (Mech), Fort Riley, Kansas, issued orders 362-0014, which placed the Applicant on the Temporary Disability List with an effective date of retirement from the Regular Army of 6 January 2006. The period of disability retirement was designated to be 2 years, 3, months, 5 days after which time the Applicant's medical retirement status will be re-evaluated.
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 determined to be unfit to perform their military duties due to a condition which occurred in line of duty and not due do to the Soldiers misconduct. Paragraph 4-24b(2) provides that the requirements for placement on the temporary disability retired list (TDRL) are the same as for permanent retirement in that the Soldier must be unfit to perform his duties at the time of evaluation and that the condition must be determined to be temporary or unstable. 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the Applicants available military records, and the issue submitted, the analyst found no mitigating factors that would merit a change in the narrative reason for separation of the Applicant's discharge. The Applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the Applicants 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 (2) by reason of disability, temporary, with a characterization of service as honorable. Furthermore, the DD Form 214 shows a Separation Code of SFK (i.e., disability, temporary). 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 narrative reason for separation of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 19 June 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 Applicants record of service during the period of enlistment under review and considering the analysts 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 NA No change NA
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 Chane
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090008407
______________________________________________________________________________
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