Applicant Name:  ?????

Application Receipt Date: 2012/02/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "MEDICAL CONDITION STOPPED ME FROM SERVING THE COUNTRY. THE TYPE OF DISCHARGE IS MENTIONED AS "UNCHARACTERIZED" WHILE I HAVE BEEN TOLD BY MY DOCTORS AND SUPERVISORS THAT DISCHARGE TYPE WOULD BE UNDER HONORABLE BECAUSE OF THE MEDICAL SITUATION THAT HAPPENED TO ME DURING BASIC COMBAT TRAINING. NOW UNDER "UNCHRACTERIZED" USCIS OFFICE IS NOT APPROVING MY CITIZENSHIP REQUEST AND I CANNOT BECOME A CITIZEN, AND USE MY ABILITIES AND SKILLS TO SERVE AMERICA. A AM NOT ABLE TO GET JOB EITHER. I AM A FARSI LINGUIST/TRANSLATOR WITH TOP-SECRET/SCI SECURITY CLEARANCE OBTAINED BY DEPARTMENT OF DEFENSE AND MY "MOS" WAS 09-L. WITH THIS "UNCHRACTERIZED" DISCHARGE, USCIS OFFICE REFUSED TO APPROVE MY CITIZENSHIP FORMS SUBMITTED BY DEPARTMENT OF DEFENSE AND I CANNOT GET ANY JOB TO USE MY SKILLS, KNOWLEDGE AND ABILITIES TO SERVE THE UNITED STATES OF AMERICA."

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: 111116
Discharge Received: 			   Date: 111123   Chapter: 5-11    AR: 635-200
Reason: Failed Medical Physical Procurement Standards	   RE:     SPD: JFW   Unit/Location: Company E, 2nd Battalion, 13th Infantry Regiment, 193rd Infantry 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:  30
Current ENL Date: 110830    Current ENL Term: 3 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-4		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: Coll Grad   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 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.  
       
       His DD Form 214 indicates he was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failed medical physical procurement standards, with service uncharacterized.  Furthermore, the DD Form 214 shows a Separation Code of JFW (i.e., failed medical physical procurement standards), with a reentry eligibility (RE) code of 3.  On 21 November 2011, DA, HQ, US Army Training Center, Fort Jackson, SC; issued Orders 325-1313 which discharged the applicant from the Regular Army with an effective date: 23 November 2011. 
       
       Notwithstanding the aforementioned, the analyst noted that the applicant submitted a copy of his separation packet along with his DD Form 293, which shows that an Entrance Physical Standards Board convened on 4 November 2011 and determined the applicant’s medical condition of anxiety disorder NOS dated back to prior to entry into the Army.  On 8 November 2011, the applicant reviewed and concurred with the findings of the Entrance Physical Standard Board (EPSB) proceedings and requested to be discharged from the US Army without delay.  He was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  On 16 November 2011, the unit commander subsequently recommended separation from the Service.  
       
       On 17 November 2011, the separation authority signature appears on the DA Form 4707 which the applicant submitted; however, block 29 which shows whether the action by the separation authority directed the applicant’s discharge or retention on active duty appears to be blank.

       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, the issue and documents submitted with the application, to include the separation packet he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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, by reason of failed medical physical procurement 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.  
       
       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.  The analyst noted the applicant's issue requesting that his discharge be upgraded to genera, under honorable conditions so that he can get a job to use his skills, knowledge and abilities to serve the United States of America. 
       
       A general, under honorable conditions discharge is not authorized under ELS conditions.  An uncharacterized discharge is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and determined that 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: 11 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 24 January 2012, copy of his medical records with various dates, separation packet dated 17 November 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:




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 AR20120002245
______________________________________________________________________________


Page 1 of 4 pages