IN THE CASE OF:  	Ms.

      BOARD DATE:  	1 November 2013

      CASE NUMBER:  	AR20130007216
___________________________________________________________________________

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 her uncharacterized discharge to honorable and a change to the narrative reason for the discharge.

2.  The applicant states, in effect, that she would like an upgrade of her discharge for the purpose of being able to receive all benefits entitled to her as a disable veteran.  She contends she did not have a physical disability prior to enlistment as 35 years old that was deemed healthy enough for enlistment.  Her physical disability was due to an injury she incurred during a BCT scheduled exercise and the lack of medical care given to her by the CTMC at Fort Leonard Wood, MO during her training, she was also forced to train on a broken leg for approximately three weeks.  She believes if she had been treated properly the first time at the CTMC, she may have been able to be recycled and returned to training to complete her BCT and AIS as scheduled.  She would have been eligible to obtain the GI Bill as she had hoped to attend college to better life for herself and her daughter.  Due to the incompetence at the CTMC she also lost the $20,000 bonus she would have gotten upon completion of the terms of her contract.  She believes her whole treatment process was borderline malpractice at best; therefore her discharge should be upgraded to “Honorable”.  She was unaware at the time of discharge that “Uncharacterized” was not the same as “Honorable".  She was led to believe it was the same, as I had asked that specific question and was told both fell under the “Medical Discharge” and held the same benefits.  She is currently receiving VA Disability and full VA Health Benefits due to her injury that incurred during her training and is now a full physical disability.  If the VA is acknowledging that her injury deserves Disabled Veterans benefits, then she feels that her discharge should be changed accordingly so she may utilize all of the benefits that every Disabled Veteran is entitled to use.  She was told multiple times upon discharge that she would have access to all benefits due to her medical discharge which was supposed to be Honorable.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		10 April 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			20 August 2007
d. Reason/Authority/SPD/RE:		Disability, Severance Pay, Chapter 4, paragraph 4-						24b(3), AR 635-40, JFL, RE-3
e. Unit of assignment:			A Co, 35th EN Bn, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:  	22 February 2007/ADT, NIF
g. Current Enlistment Service:  	5 months, 29 days
h. Total Service:			9 months, 25 days
i. Time Lost:				None
j. Previous Discharges:		ARNG-061026-070221/NA										     (Concurrent Service)
k. Highest Grade Achieved:		E-2
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:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:	

The applicant enlisted in the Army National Guard on 26 October 2006, for a period of 8 years.  She was 35 years old at the time of entry and a high school graduate.  She was attending basic training at Fort Leonard Wood, MO, when her separation was initiated.  The applicant's record does not contain any evidence of acts of valor or meritorious achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army.  However, documents submitted by the applicant shows that on 5 June 2007, a Medical Evaluation Board diagnosed the applicant with a proximal fibula fracture, healed and posterior medial malleolar fracture without displacement, healing, and referred her to a Physical Evaluation Board (PEB).  

2.  On 11 July 2007, the PEB determined the applicant was physically unfit and recommended separation with severance pay.

3.  On 17 July 2007, having been informed of the findings and recommendations of the PEB, the applicant concurred and waived a formal hearing of her case.  

4.  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 20 August 2007, the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 4-24b (3) by reason of disability, severance pay, with an uncharacterized separation of service and a Separation Program Designator (SPD) code of JFL and a reentry (RE) code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The available record did not contain any counseling statements or Uniform Code of Military Justice (UCMJ) actions.



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, self-authored statement, a letter of support, copy of a certificate of appreciation, medical documents during her period of active duty, a copy of her medical evaluation board (MEB) proceedings, copy of a physical profile, dated 11 July 2007, physical evaluation board (PEB) proceedings, copy of Department of Veterans Affairs rating decision documents, dated 9 July 2008 and 6 December 2012, a copy of her NGB Form 22 for the period 26 October 2006 thru 21 August 2007, and a copy of her 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.

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 "JFL" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-40, Chapter 4-24B(3), for disability, severance pay.

4.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFL" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge and a change to the narrative reason was carefully considered.  However, after examining the applicant’s military records and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for the separation.  

2.  The proceedings of the PEB determined the applicant was physically unfit to perform her military duties due to a condition that occurred in the line of duty and was not due to misconduct.  The PEB recommended separation with severance pay.  The applicant agreed with these findings and the proposed action for administrative separation from the Army.  

3.  The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  The applicant’s service was uncharacterized because she was in entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  

4.  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.  This is not an adverse separation action and denotes only the individual had less than 180 days on active duty. 

5.  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 analyst determined no such unusual circumstances were present in the applicant’s record and the former Soldier’s service did not warrant an honorable discharge.  

6.  The applicant requested a change to the narrative reason for separation.  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 "JFL" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-40, Chapter 4-24B(3), for disability, severance pay.

7.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFL" will be assigned an RE Code of 3.

8.  The Board acknowledges the documents submitted by the applicant to include the self-authored statement, letter of support from her mother, and the medical documents.  However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of the applicant’s discharge is commensurate with her overall service record.

9.  The applicant expressed her desire for an upgrade of her discharge for the purpose of being able to receive all benefits as a disabled veteran.  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.

10.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the board deny relief.
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	      Date: 1 November 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)		AR20130007216



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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