IN THE CASE OF:  	

      BOARD DATE:  	17 July 2013

      CASE NUMBER:  	AR20130003244
___________________________________________________________________________

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 an upgrade of his uncharacterized discharge to honorable and a change to the RE code.

2.  The applicant states, in effect, he disclosed everything at the MEPS including having ankle implants but was injured during basic training.  Immediately after his discharge he saw a doctor and found what the Army was unable to and had surgery.  He would like to return to military service or seek employment as a police officer.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	14 February 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	9 May 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:	REH Hold Unit, 95th AG Battalion, Fort Sill, OK
	f.	Current Enlistment Date/Term:	6 March 2012, 4 years 
	g.	Current Enlistment Service:	2 months, 4 days
	h.	Total Service:	2 months, 4 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	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:	None
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 6 March 2012, for a period of 4 years.  He was 21 years old at the time of entry and was a high school graduate.  His record documents no acts of valor or significant achievements.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 17 April 2012, an Entrance Physical Standards Board (EPSB) convened and determined the applicant was suffering from bilateral foot and ankle pain secondary to congenital foot deformities, which existed prior to his entry into the Army.  
2.  On 26 April 2012, the applicant reviewed and concurred with the findings of the EPSB and requested to be discharged without delay.  

3.  On 26 April 2012, the unit commander recommended separation from the Army under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with service described as uncharacterized.  

4.  On 30 April 2012, the separation authority directed the applicant’s discharge from the Army with a character of service described as uncharacterized.    

5.  The applicant was discharged on 9 May 2012, for failing to meet medical physical procurement standards with a separation code of JFW and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record contains no negative counseling’s or any actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a copy of his DD Form 214 and 25 pages of medical 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.  However for Soldiers in entry-level status, it will be uncharacterized.  

3.  Army Regulation 635-200 states that a Soldier is in entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of the separation action. 

4.  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 5-11, for failure to meet medical/physical procurement standards.  

5.  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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after a careful review of all the applicant’s military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 

2.  The proceedings of the Entrance Physical Standards Board (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.  

3.  The record confirms the applicant was in entry-level status.  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.  Further, 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 record indicates that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

4.  All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  

5.  The applicant contends that he would like to return to military service or become a police officer and asks for change to the RE code.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  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.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  Moreover, the applicant contends that while at the MEPS he disclosed everything related to having ankle implants.  A review of his entrance medical examination validates his assertion, that he had foot surgery to correct a deformity.  However, the EPSB determined that he did not meet medical fitness standards for enlistment under the provision of AR 40-501, Chapter 2, paragraph 2-10d(1). 

7.  Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

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

Did the Applicant Testify?  No 

Counsel:  None


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)		AR20130003244

Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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