IN THE CASE OF:  	

      BOARD DATE:  	17 May 2013

      CASE NUMBER:  	AR20130005486
___________________________________________________________________________

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, he would like to obtain the benefits of the GI Bill in order to attend school and an upgrade would also allow him medical and employment help.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	18 March 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	11 June 2007
	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 Company, 1st Bn, 34th IN Rgt, Fort Jackson, SC
	f.	Current Enlistment Date/Term:	28 March 2007, 3 years and 19 weeks
	g.	Current Enlistment Service:	2 months, 14 days
	h.	Total Service:	2 months, 14 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-1
	l.	Military Occupational Specialty:	None
	m.	GT Score:	86
	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 Regular Army on 28 March 2007, for a period of 3 years and 19 weeks.  He was 29 years old at the time of entry and had a high school equivalency (GED).  His record documents no acts of valor or significant achievements.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 11 May 2007, an Entrance Physical Standards Board (EPSB) convened and determined the applicant was suffering from a learning disorder and borderline intellectual functioning, which existed prior to his entry into the Army.  

2.  On 18 May 2007, the applicant reviewed and concurred with the findings of the EPSB and requested to be retained in the Army.  On 21 May 2007, he was given the opportunity to consult with legal counsel and submitted a statement on his own behalf.

3.  On 21 May 2007, 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.  The intermediate commander reviewed the proposed action and recommended separation with an uncharacterized discharge.

4.  On 6 June 2007, the separation authority directed the applicant’s discharge with service uncharacterized.    

5.  The applicant was discharged on 11 June 2007, for failing to meet medical physical procurement standards with a separation code of JFW and a 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 New Age Training enrollment agreement and the results of GED testing.

POST-SERVICE ACTIVITY: 

The applicant states he wants to attend school and has managed a bar. 

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. 

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 an upgrade of his discharge would allow him medical and educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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:     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)		AR20130005486

Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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