Search Decisions

Decision Text

ARMY | DRB | CY2013 | AR20130007419
Original file (AR20130007419.txt) Auto-classification: Denied
      IN THE CASE OF:  	Mr.

      BOARD DATE:  	15 November 2013

      CASE NUMBER:  	AR20130007419
___________________________________________________________________________

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 general under honorable conditions to honorable.

2.  The applicant states, in effect, that he had wanted to return but he was denied.  He has no criminal history and wish to become a police officer.  He can’t enroll for training with anything other than an honorable. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 April 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			13 April 1999
d. Reason/Authority/SPD/RE:		Failure to meet Procurement/Medical Fitness 
      Standards, AR 635-200, Paragraph 5-11, JFW, NA
e. Unit of assignment:			A BTRY, 95th AG BN, Fort Sill, OK
f. Current Enlistment Date/Term:	14 September 1998, 6 years	
g. Current Enlistment Service:	0 years, 7 months, 0 days
h. Total Service:			0 years, 7 months, 0 days
i. Time Lost:				None
j. Previous Discharges:		None
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:		None
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 14 September 1998 for a period of 6 years.  He was 20 years old at the time of entry and a high school graduate.  His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Fort Sill, OK.

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.  

2.  The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, paragraph 5-11, for a Failed Medical/Physical/Procurement Standards, with an uncharacterized discharge.  The DD Form 214 shows a Separation Program Designator (SPD) code of LFW. 

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

4.  The applicant’s record does not contain discharge orders.    

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 an online application and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were provided with the application.

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 available records for the period of enlistment under review and the issue and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army; however, 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.  This document identifies the reason and characterization of the discharge.  

3.  The DD Form 214 shows 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 service uncharacterized.  In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSB) would have revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, competent medical authority would have had to approve the findings of the EPSB.  The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army.  

4.  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.  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 applicant’s service record contains no such unusual circumstances and his service did not warrant an honorable discharge.  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.  

5.  The applicant's contentions were carefully considered.  However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown.  The applicant must meet the burden of proof by providing 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 he must meet the burden of proof since the discharge packet is not available in the official record. 

6.  The applicant contends he wanted to return but he was refused.  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 his overall service record.  

7.  The applicant contends that an upgrade of his discharge will allow him the opportunity to enroll and become a police officer.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

8.  Therefore, based on the available evidence and on the presumption of government regularity, it appears 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:  15 November 2013     Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers: NA

Board Vote:
Character Change:  NA	No Change:  NA
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:	NA
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)		AR20130007419



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1


Similar Decisions

  • ARMY | DRB | CY2013 | AR20130007889

    Original file (AR20130007889.txt) Auto-classification: Denied

    Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 30 March 2004, for a period of 4 years. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a copy of his basic training and medical records, including the front page of DA Form 4707, dated 26 August 2004; DD Form 214 for service under current review; and his discharge orders. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.

  • ARMY | DRB | CY2013 | AR20130011179

    Original file (AR20130011179.txt) Auto-classification: Denied

    On 27 March 2013, the separation authority directed the applicant’s discharge with a characterization of service of an uncharacterized discharge. Army Regulation 635-200 states that 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. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.

  • ARMY | DRB | CY2013 | AR20130010973

    Original file (AR20130010973.txt) Auto-classification: Denied

    On 25 March 2011, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However, after a careful review of the entire applicant’s military records, and the issues and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.

  • ARMY | DRB | CY2007 | AR20070018460

    Original file (AR20070018460.txt) Auto-classification: Denied

    Applicant Name: Application Receipt Date: 2007/12/04 Prior Review: Prior Review Date: NA I. Facts and Circumstances: The evidence of record shows that on 29 October 2004, the unit commander notified the applicant of initiation of involuntary separation action under the provisions of Chapter 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge. Army Regulation 635-200 states that a soldier is in an entry-level status if the...

  • ARMY | DRB | CY2013 | AR20130008152

    Original file (AR20130008152.txt) Auto-classification: Denied

    The applicant requests an upgrade of his uncharacterized discharge to general, under honorable conditions or honorable. On 13 April 2012, the separation authority directed the applicant’s discharge with service uncharacterized. 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.

  • ARMY | DRB | CY2013 | AR20130003564

    Original file (AR20130003564.txt) Auto-classification: Denied

    On 26 January 2013, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Entrance Physical Standards Board (EPSB) Proceedings dated, 18 January 2013. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.

  • ARMY | DRB | CY2013 | AR20130006049

    Original file (AR20130006049.txt) Auto-classification: Denied

    On 26 February 1999, the separation authority approved the separation action and directed the applicant’s discharge with service uncharacterized. 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. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the...

  • ARMY | DRB | CY2013 | AR20130007412

    Original file (AR20130007412.txt) Auto-classification: Denied

    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. On 11 January 2013, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized conditions discharge. The characterization of service for Soldiers separated under this...

  • ARMY | DRB | CY2008 | AR20080020022

    Original file (AR20080020022.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 27 August 1996, after careful consideration of medical records, laboratory findings, and medical examinations, the Entrance Physical Standards Board (EPSB) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards. On 17 September 1996, the separation authority directed that the applicant be discharged with an uncharacterized separation of service. A fully honorable...

  • ARMY | DRB | CY2013 | AR20130003244

    Original file (AR20130003244.txt) Auto-classification: Denied

    The applicant requests an upgrade of his uncharacterized discharge to honorable and a change to the RE code. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.