Applicant Name:  
Application Receipt Date: 2010/07/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I constantly ask for a new DD 214 that states Honorable (sic) on #24 on the DD 214 Form.  But this dept (sic) keep sending me the same DD 214.  I need an uptodate (sic) DD 214 with honorable on it so when I apply to jobs it states the correct character of service."  

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: 980210
Discharge Received: 			   Date: 980224   Chapter: 5-11      AR: 635-200
Reason: Failure to Meet Procurement Medical Fitness Standards 	   RE:     SPD: JFW   Unit/Location: A Co, 143rd OD Bn, Aberdeen Proving Ground, MD 

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:  18
Current ENL Date: 970723    Current ENL Term: 03 Years  ?????
Current ENL Service: 	00  Yrs, 07 Mos, 02 Days ?????
Total Service:  		00  Yrs, 07 Mos, 02 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		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:  North Miami Beach, FL 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record does not contain the Entrance Physical Standards Board (EPSBD) results that found  the applicant was medically unfit for enlistment in accordance with current medical fitness standards, and that the condition existed prior to service.  On 10 February 1998, the unit commander subsequently recommended separation from the service.  On 10 February 1998, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with service uncharacterized.
       
       On 14 February 1998, the separation authority directed that the applicant be discharged with an uncharacterized discharge.
       

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides 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 active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  Army Regulation 635-200 states that 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 military records during the period of enlistment under review, the issue and document submitted with the application, the analyst determined that the applicant’s discharge is improper.  The evidence of record supports that she was discharged from active duty, under the provisions of Chapter 5, paragraph 5-11, Army Regulation 635-200.  The analyst noted that the applicant had completed 6 months and 18 days of continuous active service and was no longer in entry level status.  In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100607); and a VA Rating Decision, dated (080705).

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 applicant’s discharge is improper.  The evidence of record supports that she was discharged from active duty, under the provisions of Chapter 5, paragraph 5-11,  AR 635-200.  The Board noted that the applicant had completed 6 months and 18 days of continuous active service and was no longer in entry level status.  In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable.  However, Board determined that the reason for discharge was both proper and equitable and voted not to change it. 










 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None




































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 AR20100018598
______________________________________________________________________________

Page 1 of 3 pages