IN THE CASE OF:  	

      BOARD DATE:  	12 April 2013

      CASE NUMBER:  	AR20120022628
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change to the separation code of “JFW.”

2.  The applicant states, in effect, that she was at a young age for her depression.  She was upset because she was being relieved from the service.  She has consulted a VA representative, who did not understand the reasons for her discharge, as she was a normal teenager.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	6 December 2012
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	21 February 2012
	d.	Reason/Authority/SPD/RE Code:	Failed Medical/Physical/Procurement Standards 
			AR 635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	C Co, 787th MP Bn, Fort Leonard Wood, MO
	f.	Current Enlistment Date/Term:	2 August 2011 / 5 years
	g.	Current Enlistment Service:	6 months, 20 days
	h.	Total Service:	6 months, 20 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-1
	l.	Military Occupational Specialty:	None
	m.	GT Score:	90
	n.	Education:	HS Graduate
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 2 August 2011 for a period of 5 years.  She was 18 years old at the time of entry and was a high school graduate.  She did not serve overseas and was assigned to Fort Leonard Wood, Missouri.  Her record indicates that she received one award, NDSM.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 27 January 2012, an Entrance Physical Standards Board (EPSB) convened and determined the applicant was suffering from a medical condition of adjustment disorder with mixed disturbance of emotions and conduct, which existed prior to his entry into the Army.  
2.  On 13 February 2012, the applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay, and did not submit any statement on her own behalf.  

3.  On 13 February 2012, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an honorable discharge.  

4.  The record contains a counseling statement dated 14 February 2012 from the unit commander to the separation authority which indicates the commander’s intent to recommend separation from the Army.    

5.  On 15 February 2012, the separation authority directed the applicant’s discharge with a characterization of service of honorable.  

6.  The applicant was discharged on 21 February 2012, for failing to meet medical procurement standards with the separation code JFW.  Records further show her service listed as fully honorable after serving for 6 months and 20 days.  

7.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Two counseling statements, 14 February 2012, regarding recommendations for separation under Chapter 5-11, AR 635-200, rendered by the applicant’s company commander and first sergeant.

2.  DA Form 3349, Physical Profile, dated 27 January 2012, that noted health conditions which existed prior to applicant’s service.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 149, dated 28 November 2012; DD Form 214 and discharge orders for service under current review; Page 2 of DA Form 4707-E (EPSBD Proceedings); Unit Convalescent Leave Instructions and IMT Sick Slip, dated 19 October 2011. 

POST-SERVICE ACTIVITY: 

The applicant provided none.  

REGULATORY AUTHORITY:

1.  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.  

2.  The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the separation code on her DD Form 214 was carefully considered.  However, after a careful review of his military records during the period of enlistment under review and the issue she submitted, there are insufficient mitigating factors to merit a change to the separation code for  her discharge.  

2.  The record confirms that the EPSB revealed the applicant had a medical condition which 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.

3.  The applicant requests a change to the separation code annotated for her discharge; however, the codes for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Failed Medical/Physical/ Procurement Standards,” and the separation code is "JFW."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason or codes to be entered under this regulation.    

4.  The applicant contends she was young at the time of depression.  However, a review of the service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.

5.  Therefore, the narrative reason and its corresponding separation code for discharge being both proper and equitable, recommend the Board deny relief.




SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	  Date: 12 April 2013        Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:	No
Change Characterization to: No Change	
Change Reason to:	 No Change
Change Authority for Separation: No Change
Change RE Code to: No Change	
Grade Restoration to: NA	
Other: NA


















Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions




ADRB Case Report and Directive (cont)		AR20120022628



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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