Applicant Name:  ?????

Application Receipt Date: 2011/12/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “I believe that I served to the best of my ability.  I continued to do what was asked of me up until the day of discharge.  If it had been up to me I would have continued my career with the Army.  While in [sic] the Army, despite my obvious medical condition, I again did what was asked of me.  That injury was aggravated during time of service.  I believe that there were no negative circumstances for discharge and that I should be given the change.”

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: 110906
Discharge Received: 			   Date: 110919   Chapter: 5-11       AR: 635-200
Reason: Failed Medical/Physical/Procurement Standards 	   RE:     SPD: JFW   Unit/Location: Co  A 554th EN Bn TR TC, Fort Leonarwood, MO 

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:  19
Current ENL Date: 110118    Current ENL Term: 6 Years  ?????
Current ENL Service: 	0  Yrs, 8 Mos, 2 Days ?????
Total Service:  		0  Yrs, 8 Mos, 2 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 106   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  6 September 2011, the unit commander notified the applicant of initiation of separation action 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.  
       
       An Entrance Physical Standards Board convened on 10 August 2011 and determined the applicant’s medical condition of multi level degenerative disc and joint disease dated back to prior to entry into the Army.  The applicant reviewed and concurred with the findings of the Entrance Physical Standard Board (EPSB) proceedings, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Service.  
       
       On 9 September 2011, the separation authority directed the applicant’s discharge with service as uncharacterized.

       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 and documents he submitted, the analyst determined that the applicant's characterization of service is improper.  Army regulations stipulate that the service of any individual who has more than 180 day’s of continuous active duty at the time of their notification of an impending discharge from active duty will be characterized.  
       
       There was a full consideration of all faithful and honorable service as well as the applicant’s medical condition that caused him to be discharged.  Army Regulation 635-200 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.  The evidence of record shows the unit commander notified the applicant of initiation of discharge proceedings after he had completed 180 days of continuous active duty, thus no longer in entry level status.  AR 635-200 defines entry level status for active duty Soldiers as the period of the first 180 days of continuous active duty.  When the applicant was discharged, he had completed 8 months and 2 days of active duty service.  
       
       In view of the foregoing, the analyst recommends the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that 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: 13 June 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: On-line Application and a 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 and considering the analyst’s recommendation and rationale, the Board determined that the applicant’s characterization of service is improper.  The evidence of record supports the conclusion that the applicant was discharged under the provisions of Chapter 5-11, Army Regulation 635-200, Failed Medical/Physical/Procurement Standards.  The board noted that the applicant was no longer in entry level status at the time the discharge proceedings were initiated, and had completed more than 180 days of continuous active service.  AR 635-200 defines entry level status for Regular Army Soldiers as the first 180-days of continuous active duty.  In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable; however, the board determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: 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 AR20110025014
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