IN THE CASE OF:  	Mr. 

      BOARD DATE:  	28 August 2013

      CASE NUMBER:  	AR20130005820
___________________________________________________________________________

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 was discharged due to disability with severance pay which merits an upgrade to honorable.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 March 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			21 November 2008
d. Reason/Authority/SPD/RE:		Disability, Severance Pay, Non-Combat Related, 						Chapter 4, AR 635-40, JFO, RE-3
e. Unit of assignment:			HQ, 46th AG Hld Det, Fort Knox, KY
f. Current Enlistment Date/Term:  	28 May 2008, 3 years and 42 weeks
g. Current Enlistment Service:  	0 years, 5 months, 24 days
h. Total Service:			0 years, 5 months, 24 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:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 28 May 2008, for a period of 3 years and 42 weeks.  He was 32 years old at the time and a high school graduate.  He was attending training at Fort Knox, KY when his separation was initiated.  His record does not contain any evidence of acts of valor or meritorious achievements.  









SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s available service record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  The DD Form 214 indicates that on 21 November 2008, the applicant was discharged under the provisions of Chapter 4, AR 635-40, by reason of disability, severance pay, non-combat related, with an uncharacterized separation of service and a Separation Program Designator (SPD) code of JFO.

2.  On 18 November 2008, Department of Army, Headquarters U.S. Army Armor Center and Fort Knox, Fort Knox, KY, issued Orders 323-0168, which discharged the applicant from the Regular Army, with an effective date of 21 November 2008. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 323-0168, dated 18 November 2008.

2.  The applicant’s available record does not contain any recorded actions under the UCMJ or counseling statements.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 and a copy of the DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

None provided with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.  Chapter 4 provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in the line of duty and not due to the Soldier’s misconduct.  Paragraph 4-24b(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay.  




2.  The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status.  The service of Soldiers in an entry-level status will be uncharacterized.  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 examining the applicant’s available record of service, the documents and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s available record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  His available 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 the presumption of government regularity prevail in the discharge process.  

3.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 4, AR 635-40, by reason of disability, severance pay, non-combat related with an uncharacterized separation of service.  The DD Form 214 shows a Separation Code of JFO (i.e., disability, severance pay, non-combated related).  In connection with such a discharge, the proceedings of a Medical Evaluation Board would have diagnosed the applicant with a medical condition that made him unfit to perform his military duties and referred him to a Physical Evaluation Board (PEB).  A PEB would have determined that the applicant was physically unfit to perform his military duties due to a condition which occurred in the line of duty and was not due to his own misconduct.  The PEB would have recommended separation with severance pay.  

4.  The applicant, having been informed of the findings and recommendations of the PEB, would have concurred with the PEB’s findings and recommendations.  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 the separation action is initiated while the Soldier is in entry level status.  

5.  Absence evidence to the contrary, it appears 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 its approval as stated in AR 635-200.  Further, for Soldiers in entry-level status, a fully 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 does not indicate such unusual circumstances were present and the applicant’s service did not warrant an honorable discharge.  

6.  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.  

7.  Furthermore, if the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

8.  Therefore, based on the available evidence, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review         Date: 28 August 2013         Location: Washington, DC

Did the Applicant Testify?  NA 

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:	NA
Change RE Code to:		NA
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)		AR20130005820



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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