IN THE CASE OF:  	

      BOARD DATE:  	21 August 2013

      CASE NUMBER:  	AR20130004370
___________________________________________________________________________

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 discharge from uncharacterized to honorable.

2.  The applicant states, in effect, that the DD Form 214 shows physical condition, not a disability.  He was discharged in basic training.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 February 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			8 June 2005
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			A Company, 2-10 Infantry TC, Fort Leonard Wood 						MO
f. Current Enlistment Date/Term:	26 April 2005, 8 years	
g. Current Enlistment Service:	1 month, 13 days
h. Total Service:			1 month, 20 days
i. Time Lost:				None
j. Previous Discharges:		USAR (050419-050425), NA										(Concurrent Service)
k. Highest Grade Achieved:		E-1
l.  Military Occupational Specialty:	None
m. GT Score:				92
n. Education:				GED
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 Army Reserve on 26 April 2005, for a period of 8 years.  He was 23 years old at the time of entry and had a high school equivalency (GED).  His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Fort Leonard Wood, MO.

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 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 5-17, for a physical condition which was not a disability with a characterization of service of uncharacterized.  The DD Form 214 shows a Separation Program Designator (SPD) code of JFV and a reentry (RE) 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 158-0357, HQS, U.S. Army Maneuver Support center, Fort Leonard Wood, MO, dated 7 June 2005 with an effective date of 8 June 2005.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

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

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293; DD Form 214, and an unreadable MEDCOM Form 691-R, Medical Record – Patient Release, one page.

POST-SERVICE ACTIVITY: 

None provided with the application.

REGULATORY AUTHORITY  

1.  Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel.   Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  

2.  AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  It further states that a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

3.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization.


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 available records for the period of enlistment under review, and the issue and document he submitted, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record contains 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 government regularity is presumed in the discharge process.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with an uncharacterized separation of service and a reentry eligibility (RE) code of 3.  

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 her separation is initiated while the Soldier is in entry level status.  Absence evidence to the contrary, it is presumed that the applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished within 72 hours following approval by the separation authority.  

4.  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 record shows that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

5.  The applicant's contentions were carefully considered.  However, the merit of these contentions cannot be established because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide 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, it will be his responsibility to meet this burden of proof since the discharge packet is not available in the official record. 

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





SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review       Date:  21 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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130004370



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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