Applicant Name:  ?????

Application Receipt Date: 2012/04/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I am appealing your decision on my “uncharacterized discharged” that I was given when I was discharged on April 21, 2011. I was injured on December 10th as a result of this injury I severely injured my left foot, severe pain in my lower back pain as a result of the traumatic injury that I suffered in my foot I also suffered pain in my lower back and left knee. When I went on sick call I was told that there was nothing that could be done for me because I had already been medically discharged.  As of May 01, 2011, I have been granted a SERVICE CONNECTION OF 10% with the Department of Veteran Affairs Office.  I am appealing that my discharged of “uncharacterized discharged” be overturned and upgraded to read “HONORABLE.”

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: 110411
Discharge Received: 			   Date: 110421   Chapter: 5-17       AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: C Co, 2/60th Inf, 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:  20
Current ENL Date: 100520    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 11  Mos, 02  Days ?????
Total Service:  		00 Yrs, 11  Mos, 02  Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: None   GT: 82   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 evidence of record shows that on 11 April 2011, 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 other designated physical or mental condition for being unable to complete Basic Combat Training due to a foot stress fracture and the time required for it to heal, with an entry level uncharacterized separation of service.  She was advised of her rights.  
       
       On 13 April 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation Board (which she was not entitled too), 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 uncharacterized discharge.  
       
       On 14 April 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

       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 during the period of enlistment under review, the issues, and documents she submitted, the analyst determined that the characterization of service is improper. 
       
       There was a full consideration of all faithful and honorable service as well as the applicant’s medical condition that caused her 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 she 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 notified of the initiation of discharged, she had completed 10 months and 22 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: 12 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated 29 March 2012 and Self-Authored Statement, dated 28 March 2012.








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 is improper.  The evidence of record supports the conclusion that the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, Army Regulation 635-200, condition, not a disability, while in initial-entry level training status (IET).  The board noted that she 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 proper and equitable and voted not to change it.  
        
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:




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 AR20120007278
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