Applicant Name:  ?????

Application Receipt Date: 2012/04/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to honorable.  He contends he should have been given the opportunity to heal and be retained on active duty.  He desires to reenlist in the active Army.  

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: 110602
Discharge Received: 			   Date: 110610   Chapter: 5-11      AR: 635-200
Reason: Failed Medical/Physical/Procurement Standards	   RE:     SPD: JFW   Unit/Location: A Btry, 1-19th FA Bn, Fort Sill, OK 

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: 110307    Current ENL Term: 03 Years  18 Weeks
Current ENL Service: 	00  Yrs, 03  Mos, 04  Days ?????
Total Service:  		00  Yrs, 03  Mos, 04  Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   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 17 May 2011, after careful consideration of medical records, laboratory findings, and medical examinations, the Entrance Physical Standards Board (EPSBD) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards, in that he was diagnosed with hereditary palmoplantar keratoderma, and in the opinion of the evaluating physicians, the conditions existed prior to service.  
       
       On 19 May 2011, the medical authority approved the findings of the EPSBD.  The applicant was informed of the EPSBD findings.  On 1 June 2011, the applicant concurred with the medical proceedings, and requested to be discharged from the U.S. Army. 
        
       On 2 June 2011, the unit commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge.  
       
       On 3 June 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 regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.  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 during the period of enlistment under review, the   issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The proceedings of the EPSBD revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, these findings were approved by competent medical authority.  The applicant agreed with these findings and the proposed action for administrative separation from the Army.  
       
       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.  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. 
       
       A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  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.  
       
       The applicant contends he served over 180 days total service and that his character of service was honorable and his discharge should not have been an entry level discharge.  However, paragraph 5-11a, AR 635-200, states the EPSBD, which must be convened within the Soldier's first 6 months of active duty, takes the place of the notification procedure (para 2-2) required for separation under this chapter.  At the time the EPSBD was covened, the applicant had completed 04 Mos, 23 days of continuous active duty and was still in ELS status. 
       
       The applicant desires to reenlist in the active Army.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "3."  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.    
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (120403);  DD Form 293, dated (120304); DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings, two (2) pages, dated (110517); and a DD Form 214, dated (110610).

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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20120008453
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