Applicant Name:  ?????

Application Receipt Date: 2010/02/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I request to have my Separation Code, Reentry Code and the Narrative Reason for Separation changed on my DD Form 214.  I feel that there was an injustice as I was considered to have been in sound condition when I was examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service at the Kansas City MEPS. 38 CFR 3.304(b) Presumption of Soundness.

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: 100124   Chapter: 4-24b(4)       AR: 635-40
Reason: Disability, Existed Prior to Service, PEB	   RE:     SPD: JFM   Unit/Location: C Co, 506th Inf, Fort Campbell, 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:  21
Current ENL Date: 081027    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 28Days ?????
Total Service:  		03 Yrs, 00Mos, 20Days ?????
Previous Discharges: 	RA-070105-081026/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 100   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: AAM, AGCM, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Kansas City, KS
Post Service Accomplishments: None Listed

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 his discharge from the Army.  However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) which the applicant was unavailable for signature.  His DD Form 214 indicates that he was discharged under the provisions of AR 635-40, Chapter 4, paragraph 4-24b(4) by reason of disability, existed prior to service, PEB, with a characterization of service of honorable.  
       
       
       Furthermore, the DD Form 214 shows a Separation Code of JFM (i.e., Disability, Existed Prior to Service, PEB) with a  reenlistment eligibility (RE) code of "3."  On 22 December 2009, DA, HQ, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, Orders 356-0605, discharged the applicant from the Regular Army with an effective date of: 24 January 2010. 

       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(4) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability without severance pay because of a condition that existed prior to military service.  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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the 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 not 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.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 4, paragraph 4-24b(4), AR 635-40, by reason of disability, existed prior to service, PEB, with a characterization of service of honorable.
       
       The analyst noted the applicant's issue reference changing his narrative reason for discharge, separation code, and reentry code.  However, the narrative reason specified by Army Regulations for a discharge under this paragraph is "Disability, Existed Prior to Service, Physical Evaluation Board (PEB)” the separation code is "JFM," and the reentry code is "RE 3."
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       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 if appropriate.  
       
       The applicant contends that he was considered to have been in sound condition at entrance into the service.  However, 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, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 3 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, discharge orders, dated 22 December 2009, and DD Form 214 for the period of service under review.

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 narrative 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 0
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













Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100009388
______________________________________________________________________________


Page 3 of 3 pages