IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 November 2013

      CASE NUMBER:  	AR20130007830
___________________________________________________________________________

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 and the narrative reason changed.

2.  The applicant states, in effect, he was released due to a back injury that occurred at Fort
Benning, GA.  He followed all guidelines in reporting the injury as they happened.  He has all of the paperwork stating that he could not complete training due to his back injury; however, he received an uncharacterized discharge.  This is affecting his ability to find work as a civilian and causing issues with him obtaining benefits through the VA office.  Also he would like the “Failed Medical/Physical Procurement Standards” changed.  He couldn’t finish training because he was discharged involuntary.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 April 2012
b. Discharge received:			Uncharacterized
c. Date of Discharge:			19 December 2012
d. Reason/Authority/SPD/RE:		Failed Medical/Physical/Procurement Standards 
					AR 635-200, Paragraph 5-11, JFW, RE-3
e. Unit of assignment:			C Company, 2-19 Infantry, Fort Benning, GA
f. Current Enlistment Date/Term:  	13 November 2012, 3 years and 18 weeks
g. Current Enlistment Service:  	0 year, 1 months, 7 days
h. Total Service:			0 year, 1 months, 7 days
i. Time Lost:				None 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None
m. GT Score:				116
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:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 13 November 2012, for a period of 3 years and 18 weeks.  He was 33 years old at the time he joined the Army and was a high school graduate.  When his discharge proceedings were initiated he was serving at Fort Benning, GA.



SEPARATION FACTS AND CIRCUMSTANCES

1.  On 11 December 2011, an Entrance Physical Standards Board (EPSB) convened and determined the applicant was suffering from spondylosis and a herniated disc, which existed prior to his entry into the Army.  

2.  On 17 December 2012, the applicant reviewed and concurred with the findings of the EPSB and requested to be discharged from the US Army without delay.  

3.  On 17 December 2012, 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 17 December 2012, the separation authority directed the applicant’s discharge with service uncharacterized.    

5.  The applicant was discharged on 19 December 2012, for failing to meet medical physical procurement standards with a separation code of JFW and an 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:

1.  The record contains no actions under the Uniform Code of Military Justice.

2.  One counseling statement, dated 11 December 2012, notifying the applicant of EPTS.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online DD Form 293, a one page medical document, and DD Form 214.

POST-SERVICE ACTIVITY: 

None listed by the applicant.

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. 

4.  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 5-11, for Failed Medical/Physical/Procurement Standards.

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

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 applicant contends he was released due to a back injury the occurred at Fort Benning, GA.  He followed all guidelines in reporting the injury as they happened.  He has all of the paperwork stating that he could not complete training due to his back injury.  However, 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 a competent medical authority.  Therefore, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that the disqualifying medical condition did not exist prior to his enlistment on active duty.

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 will allow him to obtain better employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  The applicant contends that an upgrade of his discharge would allow him to receive VA benefits.  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.

7.  The applicant contends he was involuntary discharged.  However, a review of the DA Form 4707, dated 17 December 2012, shows the applicant concurred with the proceeding and requested to be discharged from the Army without delay.  

8.  The applicant also contends the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 5, paragraph 5-11, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Failed Medical Procurement Standards,” and the separation code is "JFW."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

9.  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:  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)		AR20130007830



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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