Applicant Name:  ?????

Application Receipt Date: 2011/09/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade of his discharge to honorable in order to join the US Air Force or to become a police officer.  He is currently attending college and considers himself of sound mind and loves his country.

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: 090604   Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: Co F, RHU, 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:  25
Current ENL Date: IADT 090324    Current ENL Term: 0 Years  13 weeks
Current ENL Service: 	00 Yrs, 02 Mos, 11 Days ?????
Total Service:  		00 Yrs, 06 Mos, 28 Days ?????
Previous Discharges: 	ARNG 081107-090604/UNC (Concurrent Service)
Highest Grade: E-3		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:  ?????
Post Service Accomplishments: None listed

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.  
       
       The DD Form 214 indicates he was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with service uncharacterized.  Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., physical condition, not a disability), with a reentry eligibility (RE) code of 3.  
       
       On 9 July 2009, Orders 190-734, Departments of the Army and the Air Force, Joint Force Headquarters, Topeka, KS, discharged the applicant from the Army National Guard, effective date: 4 June 2009, with service uncharacterized.
       
       On 24 August 2011, the Departments of the Army and the Air Force reviewed the applicant’s request for an upgrade of his discharge from the Army National Guard and denied his request because he was in entry level status.  

       b.  Legal Basis for Separation:  
             Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which interferes with assignment to or performance of duty.  The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue and documents submitted with the application, the analyst recommends the applicant’s request for an upgrade of his characterization of service be denied.  
       
       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 government regularity is presumed in the discharge process.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with an uncharacterized separation of service and a reentry eligibility (RE) code of "3."  
       
       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 her separation is initiated while the Soldier is in entry level status.  Absence evidence to the contrary, it is presumed that the applicant’s separation was initiated while she was still in entry-level status and the applicant’s separation was accomplished within 72 hours following approval by the separation authority.  
       
       Further, a general, under honorable conditions discharge is not authorized under ELS conditions and 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.  
       
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If he wants to join the Air Force, 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 Service at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  Additionally, the analyst noted the applicant's issue about becoming a police officer; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 28 August 2012         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Applicant's girlfriend. 

Exhibits Submitted: DD Form 214.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, 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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:


ARCHIE L. DAVIS III
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 AR20110018938
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