Applicant Name:  ?????

Application Receipt Date: 2011/01/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states.  I was discharged from the army due to an injury that i sustained during basic training, at the end of course. also when i was hurt they found records from my past of mental history from 2001, when i watched my grandmother get dismembered by a car. PTSD.  also while in basic my mother became ill, along with the injury, i was discharged. i am still seking help for stated injury, that the VA says they wont help me with.  please consider me for an upgrade so that i may one day return to our armed forces!"

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: 090908
Discharge Received: 			   Date: 090917   Chapter: 5-11       AR: 635-200
Reason: Failed Medical Physical Procurement Standards	   RE:     SPD: JFW   Unit/Location:   Fort Benning, GA 

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:  26
Current ENL Date: 090709    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	0 Yrs, 2 Mos, 9 Days ?????
Total Service:  		0 Yrs, 2 Mos, 9 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 102   EDU: GED Certif   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 August 2009, an Entrance Physical Standards Board (EPSBD) convened and determined that the applicant’s medical condition, which was diagnosed as: a depressive disorder NOS Axis II, and in the opinion of the evaluating physicians the condition(s) existed prior to service.  On 1 September 2009, the medical approving authority approved the findings.  On 8 September 2009, the applicant was informed of the medical findings and concurred with the findings of the Entrance Physical Standard Board (EPSB) proceedings, was advised of his rights and requested to be discharged from the US Army without delay.  The applicant waived his right to consult with legal counsel and did not submit a statement in his own behalf.  On 8 September 2009, the unit commander recommended that the applicant be discharged from the service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge.  On 8 September 2009, the intermediate commander concurred with the unit commander.  
       
       On 9 September 2009, the separation authority directed that the applicant’s be discharged from the Army with an uncharacterized separation of service.  

       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 military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The proceedings of the Entrance Physical Standards Board (EPSBD) revealed that the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, these findings were approved by competent medical authority.  The applicant agreed with these findings and the proposed action for administrative separation from the Army.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected through the separation process.  
       
       The analyst noted the applicant's issue that when he got hurt they found records from his in reference to his mental history from 2001, when he watched his grandmother get dismembered by a car; PTSD.  The record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder, but was diagnosed by competent medical authority;  Axis I, a depressive disorder NOS Axis II. Deferred.     
       
       Further, 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 his separation is initiated while the Soldier is in entry level status.  Further, a general, under honorable conditions discharge is not authorized under ELS conditions.  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.  
       
       The applicant further contends that he would like to return to the military someday.  If the applicant desires to reenlist, he should contact the local recruiter to determine his 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. 
       
       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: 24 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 20 January 2011.  

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 AR20110001611
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