Applicant Name:  ?????

Application Receipt Date: 2011/06/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he would like his discharge changed for future employment reasons.  The job that he almost was hired for needs the DD Form 214 to reflect the type of characterization of service as "Honorable" in order for him to work for the Robeson County Sheriff Department.

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: 060411
Discharge Received: 			   Date: 060424   Chapter: 5-11       AR: 635-200
Reason: Failed Medical/Physical Procurement Standards	   RE:     SPD: JFW   Unit/Location: Company A, 1st Battalion, 61st Infantry Regiment, 4th Combat Training Brigade, Fort Jackson, SC 

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:  22
Current ENL Date: 060201    Current ENL Term: 5 Years  22 weeks
Current ENL Service: 	0 Yrs, 2 Mos, 24 Days ?????
Total Service:  		0  Yrs, 2 Mos, 24 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: None   GT: 108   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 3 April 2006, an Entrance Physical Standards Board (EPSBD) convened on and determined that the applicant’s medical condition, which was diagnosed as: exercise-induced bronchospasm, mild, and in the opinion of the evaluating physicians the condition(s) existed prior to service.  
       
       On 11 April 2006, the unit commander subsequently recommended separation 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 12 April 2006, the applicant was informed of the Physical Evaluation Board findings.  The applicant concurred with the findings of the Entrance Physical Standard Board (EPSBD) proceedings, and requested to be discharged  from the US Army without delay.  On 12 April 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.   The intermediate commander reviewed the proposed discharge action and recommended approval with an uncharacterized discharge.  On 18 April 2006, 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 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.  
       
       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 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 his service did not warrant an honorable discharge.  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 analyst noted the applicant's issue that he would like his discharge changed for future employment reasons; the job that he almost been hired for needs the DD Form 214 to reflect the type of characterization of service as "Honorable" in order for him to work for the Robeson County Sheriff Department.  The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       
       
       
       
       
       
       
       
       The applicant further contends that his discharge should be changed from medical uncharacterized to honorable.  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: 28 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 in lieu of a DD Form 293 dated 22 June 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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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









XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder


































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 AR20110013484
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