IN THE CASE OF:  	Ms. 

      BOARD DATE:  	18 October 2013

      CASE NUMBER:  	AR20130006600
___________________________________________________________________________

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 upgrade of a discharge from uncharacterized to honorable and a change to the reason for the discharge and separation code of “JFW.”

2.  The applicant states, in effect, that she never tried to overdose and she was admitted to the hospital initially due to hypothermia.  A doctor talked to her and she told her everything that was going on in her life at the time and the doctor thought she depressed so she was admitted to the psychiatric ward.  She was diagnosed as having asthma however evidence proves that she does not have asthma.  She has never been seen in any psychiatric hospitals or attempted to harm herself in anyway.  
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	3 April 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	26 March 2009
	d.	Reason/Authority/SPD/RE Code:	Failed Medical/Physical/Procurement Standards / 
			AR 635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	F Co, 2-13 Inf Bn, Fort Jackson, SC
	f.	Current Enlistment Date/Term:	19 October 2007, 8 years
	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:	NIF
	n.	Education:	HS Grad
	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 19 October 2007 for a period of 8 years.  She was 17 years old at the time of entry and was entering her senior year in high school.  She did not serve overseas and when her discharge proceedings were initiated she was assigned at Fort Jackson, South Carolina.  Her record documents no acts of valor or significant achievements.  


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.  She was discharged as a PVT/E-1.

2.  The DD Form 214 indicates that on 26 March 2009, the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards, with an SPD code of JFW, an RE code of 3, and a characterization of service of uncharacterized.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

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

EVIDENCE SUBMITTED BY THE APPLICANT:

1.  The applicant provided a DD Form 293, dated 25 March 2013.

2.  A DA Form 4707, approved on 10 March 2009, recommending that the applicant be separated from the US Army for failure to meet medical procurement standards IAW Chapter 2-27.

3.  Copies of several documents reflecting the appellant’s medical conditions as it pertained to Asthma Care, and a comprehensive psychiatric evaluation.  

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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.  

3.  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 or physical procurement standards.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request an upgrade of her discharge to honorable and a change to the narrative reason for the discharge and separation code on her DD Form 214 was carefully considered.  However, after a careful review of the military records during the period of enlistment under review, the issue and documents she submitted, there are insufficient mitigating factors to merit a change to the reason for the discharge or to the separation code.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the applicant’s 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.  This document identifies the reason and characterization of the discharge and the presumption of government regularity shall prevail in the discharge process.  

3.  The DD Form 214 indicates that on 26 March 2009, the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards, with an SPD code of JFW, an RE code of 3, and a characterization of service of uncharacterized.  

4.  The applicant's contentions were carefully considered.  However, it is not possible to determine if these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents or other evidence (i.e. discharge packet) 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 her responsibility to meet this burden of proof since the evidence is not available in the official record.

5.  The applicant requests that the narrative for her discharge be changed.  However, 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 a failed medical/physical/procurement standards.  The regulation further stipulates that no deviation is authorized.  
6.  Therefore, based on the available evidence and the government presumption of regularity, 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:  Record Review     Date:  18 October 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:	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)		AR20130006600



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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