IN THE CASE OF:  	

      BOARD DATE:  	23 August 2013

      CASE NUMBER:  	AR20130003564
___________________________________________________________________________

		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. 

2.  The applicant states, in effect, that he is requesting an upgrade so he can apply for government jobs.  He would like to become a police officer and originally signed up to become a police officer when enlisted.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:  		21 February 2013			
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			5 February 2013	
d. Reason/Authority/SPD/RE Code:	Failed Medical/Physical/Procurement Standards     							AR 635-200, Chapter 5-11, JFW, RE-3	
e. Unit of assignment:			Company B, 2d Battalion, 60th Infantry (TR TC)    						Fort Jackson, SC			
f. Current Enlistment Date/Term:	6 November 2012, 6 years
g. Current Enlistment Service:	3 months
h. Total Service:			6 months
i. Time Lost:				None
j. Previous Discharges:		USAR (120808-121105), NA (concurrent)
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None
m. GT Score:				105
n. Education:				Some College
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 Army Reserve on 8 August 2012, for a period of 6 years, and required a medical and an administrative waiver which was approved on 5 June 2012 and 2 August 2012, respectively.  He was 21 years old at the time of entry, had some college, completed 3 months of active duty service, and had a total of 6 months of reserve service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 22 January 2013, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of Nephrolithiasis (Kidney Stones) existed prior to entry into the Army.  The applicant reviewed and concurred with the findings of the EPSB.  He was advised that legal advice was available to him, requested discharge without delay, and did not submit any statement on his behalf.  

2.  On 25 January 2013, 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 uncharacterized discharge.  

3.  On 26 January 2013, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized.

4.  The applicant was discharged from the Army on 5 February 2013, for failing to meet medical/physical/procurement standards, with a separation code of JFW, and RE code of 3, and a characterization of service as uncharacterized.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Entrance Physical Standards Board (EPSB) Proceedings dated, 18 January 2013. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 with a self authored statement, and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were provided by the applicant.

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 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. 

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, and the issue 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.  The applicant agreed with these findings and the proposed action for administrative separation from the Army.    

3.  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, 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 record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

4.  The applicant contends that an upgrade of his discharge will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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

6.  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:  23 August 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)		AR20130003564



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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