Applicant Name:  ?????

Application Receipt Date: 2012/06/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect, that his medical discharge needs to be corrected to include PTSD/TBI as an additional criteria for his medical discharge.  While he was medically discharged for his back injuries, which were severe, he was not rated by the Army nor discharged for the PTSD/TBI.  He has suffered and continues to suffer daily as a result of the PTSD/TBI and he believes it should be included in his medical discharge from the 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: NIF
Discharge Received: 			   Date: 111126   Chapter: 4       AR: 635-40
Reason: Disability, Severance Pay, Combat Related (Enhanced)	   RE:     SPD: JEA   Unit/Location: San Francisco District, SPD, USACE, San Francisco, CA 

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:  22
Current ENL Date: 070526    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	04 Yrs, 06 Mos, 01 Days ?????
Total Service:  		04 Yrs, 06 Mos, 01 Days ?????
Previous Discharges: 	None
Highest Grade: O-3		Performance Ratings Available: Yes    No 
MOS: 11A 5S/Infantry Officer    GT: NIF   EDU: College Grad   Overseas: SWA    Combat: Iraq (081019-091020)
Decorations/Awards: BSM, MSM ACOM ICM (w/2 CS), MUC, ASUA, NDSM, GWOTSM, ASR,OSR (2), CIB

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 applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  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.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 4 by reason of disability, severance pay, combat related (enhanced) with an Honorable separation of service.  
       
       Furthermore, the DD Form 214 shows a Separation Code of JEA (i.e., disability, severance pay, combat related).  On 20 September 2011, Department of Army, Joint Base Garrison, Joint Base Lewis-McChord, WA 98433-9500, issued Orders 263-0019, which discharged the applicant from the Regular Army, with an effective date of         26 November 2011. 

       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(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay.  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 available military records, and the issue and documents 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 does contain 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 indicates the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 4-24b (3) by reason of disability, severance pay, with an honorable separation of service.  Furthermore, the DD Form 214 shows a Separation Code of JEA (i.e., disability, severance pay, combat related (enhanced)).  The applicant provided a copy of the findings of a Physical Evaluation Board (PEB).  The PEB determined that the applicant was physically unfit to perform his military duties due to degenerative joint disease of the lumbosacral spine, non-combat related but aggravated from running and wearing gear while deployed to Iraq in August 2009.  The PEB recommended a combined rating of 10%, and the applicant be separated with severance pay.  
       
       Furthermore, the analyst noted the applicant's issue that his medical discharge should include PTSD/TBI as an additional criteria for his medical discharge; however, the correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       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, the reason for discharge and the characterization of service remain both proper and equitable and recommends to the Board to deny relief. 
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 August 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: An online application in lieu of DD Form 293, DD Form 214 authenticated 20 October 2011, DD Form 199, dated 9 June 2011, a copy of a VA rating decision, dated 10 Janury 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 discharge was both proper and equitable and voted to deny relief.  
        
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: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????

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 AR20120010896
______________________________________________________________________________


Page 3 of 3 pages