IN THE CASE OF:  	

      BOARD DATE:  	17 May 2013

      CASE NUMBER:  	AR20130000978
___________________________________________________________________________

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 his discharge be upgraded to honorable and change the reason for the discharge and separation code of "JFW." 

2.  The applicant states, in effect, that his enlistment was not erroneous due to a pre-existing medical issue and at the time of his enlistment on active duty he met, and he still meets the medical procurement standards of AR 40-501.  He further contends the separation authority could not possibly have determined that he would require a medical waiver to return to active duty since he was not properly medically examined while on active duty.  He does not believe he should have been separated for any reason, let alone this chapter. 
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	3 January 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	25 September 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:	E Co, 30th AG BN, TC, Fort Benning, GA 
	f.	Current Enlistment Date/Term:	21 August 2012, 3 years, 16 weeks 
	g.	Current Enlistment Service:	1 month, 5 days
	h.	Total Service:	1 month, 5 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-1
	l.	Military Occupational Specialty:	None
	m.	GT Score:	NIF
	n.	Education:	HS Graduate
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	None
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	No
	u.	Prior Board Review:	No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 21 August 2012, for a period of 3 years and 16 weeks.  He was 18 years old at the time of entry and a high school graduate.  He did not serve overseas and when his discharge proceedings were initiated he was assigned at Fort Benning, Georgia.  His record documents no acts of valor or significant achievements.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  He was discharged as a PVT/E-1.

2.  The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, paragraph 5-11, for failed medical/physical/procurement standards with an uncharacterized character of service.  The DD Form 214 shows a Separation Program Designator (SPD) code of JFW and a reentry code of 3.  

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

4.  The applicant was separated under Orders 265-2234, HQS, USA Garrison, Fort Benning Directorate of Human Resources, Fort Benning, Georgia, dated 21 September 2012, with an effective date of 25 September 2012.    

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements or UCMJ actions in the record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 (Application for Correction of Military Record), dated 
27 December 2012, with attached enclosures; a copy of a DD Form 214; a copy of a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings dated 28 August 2012; several copies of medical documentation (military and civilian) in support of request; and copies of military enlistment documents.
  
POST-SERVICE ACTIVITY: 

None provided with the application.

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.  

3.  The applicant contends that a change in the reason for the discharge and his reentry code would allow for his reenlistment.  However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 11, for failed medical/ physical/procurement standards.  The regulation further stipulates that no deviation is authorized.  

4.  Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFW" will be assigned an RE Code of 3.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters 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, if appropriate. 

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s available record of service, his military records, the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the 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 not authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the presumption of government regularity prevail in the discharge process.  This document identifies the reason and characterization of the discharge.  

3.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards with service uncharacterized.  In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSB) would have revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, competent medical authority would have had to approve the findings of the EPSB.  The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army.  

4.  The applicant provided an incomplete copy of an EPSB which did not contain the reverse side of the form.  This document cannot be validated as usable evidence in support of the applicant's contentions.

5.  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 applicant’s service record contains no such unusual circumstances and his service did not warrant an honorable discharge.  It appears that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  

6.  The applicant's contentions were carefully considered.  However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown.  The applicant must meet the burden of proof by providing the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing he must meet the burden of proof since the discharge packet is not available in the official record. 

7.  Therefore, based on the available evidence and on the presumption of government regularity, it appears the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	  Date:  17 May 2013           Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 



Board Vote:
Character Change:  0	No Change:  5
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)		AR20130000978



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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