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, in effect, that the narrative reason for separation is not true.  She never had problems with her knee, hip, or ankle before joining the Army.  She hurt herself while in basic training. Since the pain only got worse, she knew she had to see a doctor and did so when she arrived at AlT.  The doctors ran tests over many months to see what the issue was but informed her that there was nothing they could do and gave her a medical discharge.  She never said she wanted a medical discharge.  She wanted the reason for her separation to reflect the truth as she did have a service connected disability.  She got hurt while she was in the Army, but not prior.

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: 040310
Discharge Received: 			   Date: 040415   Chapter: 5-18    AR: 635-200
Reason: Physical Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: C Co, 16th Ordnance Battalion, 61st Ordnance Brigade, Aberdeen Proving Ground, MD 

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:  20
Current ENL Date: 030721    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 08 Mos, 25 Days ?????
Total Service:  		00 Yrs, 08 Mos, 25 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 101   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 10 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability for being diagnosed by competent medical authority with having bilateral knee and ankle joints, with an honorable discharge.  She was advised of her rights.  
       
       On 16 March 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  
       On 8 April 2004, the separation authority directed the applicant’s discharge with a characterization of service of fully honorable.

       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 for the period of enlistment under review and the issue and documents she submitted, the analyst recommends that relief be denied in this case.  A report of medical assessment by competent medical authority diagnosed the applicant with stress reaction of bilateral knee joints and bilateral ankle joints.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service.  
       
       The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The applicant contends that the narrative reason for her discharge is not true, because she was hurt while in the Army and not prior to her enlistment.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that the reason for her discharge was erroneous.  In fact, according to the medical statement by the medical authority for clinical services at the time of discharge stated that in his professional medical opinion, he did not believe the Soldier required a physical examination and that the Soldier, herself, waived her physical examination.  The medical authority further stated that in spite of aggressive treatment, the Soldier's knee and ankle pain failed to improve significantly over a period of two months; that attempts at medical rehabilitation short of complete rest for a prolonged period of time (i.e., 6-12 months) are unlikely to be successful; and while there is no indication at the time that the condition is permanent or will result in any permanent disability, the Soldier is presently not able to perform the military duties required by her MOS.  The medical authority recommended that it was in the best interest of the U.S. Army and the Soldier to expedite the separation under the provisions of chapter 5, paragraph 17, AR 635-200. The applicant’s statements alone do not overcome the government’s presumption of regularity and she has not provided any documentation or further evidence in support of her request for an upgrade of her discharge.  
       
       Furthermore, notwithstanding the propriety of the applicant's discharge, the analyst determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 5-18.  
       
       In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, to indicate separation authority as "AR 635-200, Paragraph 5-17," which was approved by the separation authority.
       
       Except for the foregoing modification, the analyst found that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 July 2012         Location: Washington, D.C.
Did the Applicant Testify?  Yes     No  
Counsel: None
Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated 25 January 2012; Memorandum, dated 24 February 2004, subject: Medical Evaluation and Recommendations; Memorandum, undated, subject: Approval of Separation UP of AR 635-200, Chapter 5, Paragraph 5-17; Memoranda, dated 10 March 2004 and 8 April 2004, subject: Recommendation for Separation UP of AR 635-200, Chapter 5, Paragraph 5-17; Memorandum, dated 10 March 2004, subject: Notification of Separation UP of AR 635-200, Chapter 5, Paragraph 5-17; Report of Medical Assessment, dated 5 April 2004; Statement of Medical Examination and Duty Status, dated 5 April 2004; DD Form 214 for service under current review

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.  

Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 5-18.”   In view of the error, the Board directed that an administrative change be made to block 25, separation authority to read AR 635-200, Paragraph 5-17, as approved by the separation authority.  Except for the foregoing modifications, the Board determined that the reason for separation was both proper and equitable and voted not to change it.

IX.  Board Decision						
Board Vote:
Character - Change NA    No change NA
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: Change Separation Authority to "AR 635-200, Paragraph 5-17"
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 AR20120002261
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