Applicant Name:  ?????

Application Receipt Date: 2010/08/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I WOULD HAVE LOVE TO HAVE CONTINUE TO PERSUE MY CAREER WITH THE US ARMY, BUT COULDN'T AT THE TIME. I WAS DISCHARGE IN ACCORDANCE WITH A CONDITION THAT PROGRESS WHILE TRYING TO CONTINUE MY TRAINING HANDLING MY SITUATION IN WHAT I THOUGHT WAS THE PROPER MANNER. I HAVE SINCE DISCHARGED WENT INTO COLLEGE AND PERSUE STUDIES OF LAW ENFORCEMENT/CRIMINAL JUSTICE AND WHEN I BEGIN JOB TRAINING ITS A HASSLE PROVING TO THE EMPLOYERS THAT I DIDN'T DO ANYTHING BAD TO BE DISCHARGED AND I AM INDEED FIT TO HANDLE PHYSICAL RESTRAITS DEALING WITH JOB DUTIES."

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: 991210   Chapter: 5-11    AR: 635-200
Reason: Failure to Meet Procurement Medical Fitness Standards	   RE:     SPD: JFW   Unit/Location: Company A, 120th AG Battalion (Reception), Fort Jackson, SC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 990907    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 3 Mos, 4 Days ?????
Total Service:  		0 Yrs, 3 Mos, 4 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 90   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in her issue that she went to college to study law enforcement and criminal justice; however, she did not submit any supporting documents.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  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.  
       
       Her DD Form 214 indicates she was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards, with service uncharacterized.  Furthermore, the DD Form 214 shows a Separation Code of JFW (i.e., failure to meet procurement medical fitness standards), with a reentry eligibility (RE) code of 3.  On 8 December 1999, the DA, HQ, US Army Training Center, Fort Jackson, SC issued Orders 342-1315 discharging the applicant from the Regular Army with an effective date of: 10 December 1999.  

       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 the regulation will normally be honorable.  However for Soldiers in entry-level status, it will be uncharacterized.  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 available records for the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge or a change to the narrative reason for separation. 
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army, however the applicant’s record contains 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.  
       
       The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards with service uncharacterized.  In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSBD) would have revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, competent medical authority would have had to approve the findings of the EPSBD.  The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army.  
       
       The analyst noted the applicant's issue requesting an honorable discharge because it is a hassle proving to employers that she didn't do anything bad to be discharged.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. 
       
       A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge.  Further, this is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.  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. 
       
       Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       The applicant was discharged under the provisions of Chapter 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Failure to Meet Procurement Medical Fitness Standards” and the separation code is "JFW."  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.  
       
       In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board deny relief.

VII.  Summary of Army Discharge Review Board Hearing

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

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 5 August 2010.

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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change






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 AR20100019645
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