Applicant Name:  ?????

Application Receipt Date: 2009/04/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents 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: 070315   Chapter: 4-24b(2)    AR: 635-40
Reason: Disability, Temporary	   RE:     SPD: SFK   Unit/Location: A Co, 4-1 STB, 1 ID, Ft Riley, KS 

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:  19
Current ENL Date: 050825    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	1 Yrs, 06Mos, 21Days ?????
Total Service:  		1 Yrs, 06Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 105   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Mukilteo, WA
Post Service Accomplishments: None submitted 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 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, paragraph 4-24b(2), AR 635-40, by reason of disability, temporary, with a honorable separation of service.  Furthermore, the DD Form 214 shows a Separation Code of SFK (i.e., disability, temporary). 

       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.  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 all the applicant’s available military records, 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.  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(2) by reason of disability, temporary, with a  honorable separation of service.  Furthermore, the DD Form 214 shows a Separation Code of SFK (i.e., disability, temporary).  In connection with such a discharge, the proceedings of a Medical Evaluation Board would have diagnosed the applicant with a medical condition that made him unfit to perform his military duties and referred him to a Physical Evaluation Board (PEB).  A PEB would have 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 would have recommended separation with severance pay.  The applicant, having been informed of the findings and recommendations of the PEB, would have concurred with the PEB’s findings and recommendations.  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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       Further, 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 reason for discharge and the characterization of service remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 February 2010         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the reason for 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 AR20090008328
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