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 he passed the entry level physical examination and his condition was aggravated by physical training.  He made every attempt to continue to serve.  He requests an upgrade of his discharge to honorable.  

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 110422
Discharge Received: 			   Date: 110509   Chapter: 4-24b(4)    AR: 635-40
Reason: Disability Existed Prior to Service, PEB	   RE:     SPD: JFM   Unit/Location: A Co, USAICFH, 305 TC , Fort Huachuca, AZ 

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:  17
Current ENL Date: 100615    Current ENL Term: 4 Years  36 weeks
Current ENL Service: 	00 Yrs, 10 Mos, 25 Days ?????
Total Service:  		00 Yrs, 10 Mos, 25 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 35G10/Imagery Analyst   GT: 113   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 November 2010, the applicant complained of right knee joint pain which had been going on for five months.  On 24 January 2011, his knee pain was evaluated and a MRI showed an old tear of the posterior horn of the medial meniscus.  On 8 December 2010, the applicant was referred to physical therapy and to orthopedics.  On 7 February 2011, he was non compliant with both referrals and did not wish any further treatment or care for his chronic right knee pain.   On 6 April 2011, the applicant reported that the initial injury was prior to military service, injured while performing martial arts training.
       
       On 11 April 2011, an Entrance Physical Standards Board (EPSBD), diagnosed the applicant with a medical condition that made him unfit to perform his military duties and recommended that he be discharged from the Army due to a disqualifying condition that was symptomatic medial or lateral meniscus injury.  
       
       On 13 April 2011, having been informed of the findings and recommendations of the ESPBD, the applicant concurred with the board findings and recommendations and requested to be discharged from the US Army without delay.  The unit commander subsequently recommended separation from the Service.  
       
       On 29 April 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge.  He was not transferred to the Individual Ready reserve.  On 5 May 2011 tha applicant was separated from the Army with an uncharacterized discharge.

       b.  Legal Basis for Separation:  
       Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.  Chapter 4 provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the Soldier’s misconduct.  Paragraph 4-24b(4) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability without severance pay because of a condition that existed prior to military service.  The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status.  The service of Soldiers in an entry-level status will be uncharacterized.  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 days of continuous active duty at the time of his discharge from active duty will be characterized unless the Soldier is in entry level status.
       
       The record indicates that on 11 April 2011, an EPSBD determined that the applicant had a medical condition that did not meet the standard for continued military service and recommended a discharged from the US Army.  At the time of the EPSBD’ss decision and recommendation for separation the applicant had completed 301 days of continuous active duty service; thus, he was no longer in entry-level status.
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined the applicant’s reason for discharge was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: VA documents and disability decision, character reference letter, medical document.





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 discharge is improper.  The evidence of record supports the conclusion that the applicant was discharged under the provisions of Chapter 4, Army Regulation 635-40, for a disability that existed prior to service.  The Board noted that he was no longer in an 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 reason for the discharge was determined 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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20120002272
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