IN THE CASE OF:	Mr. 

      BOARD DATE:  	1 November 2013

      CASE NUMBER:  	AR20130007889
___________________________________________________________________________

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 to change his characterization of service from uncharacterized to fully honorable.

2.  The applicant states, in effect, his DD Form 214 indicates he failed to meet procurement standard, but his incapacity was due to a knee injury sustained while in training on 4 April 2004.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	22 April 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	15 October 2004
	d.	Reason/Authority/SPD/RE Code:	Failure to Meet Procurement Medical Fitness 
			Standards, AR 635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	C Co, 2nd Bn, 58th IN, USAITB, Fort Benning, GA  
	f.	Current Enlistment Date/Term:	30 March 2004, 4 years 
	g.	Current Enlistment Service:	0 years, 6 months, 16 days
	h.	Total Service:	0 years, 6 months, 16 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	None
	m.	GT Score:	NIF
	n.	Education:	Bachelors of Science Degree
	o.	Overseas Service:	None
	p.	Combat Service:	None
	q.	Decorations/Awards:	None
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 30 March 2004, for a period of 4 years.  He was 29 years old at the time of entry and has a BS degree.  His 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.  However, a copy of DA Form 4707, Entrance Physical Standards Board (EPSB) Proceedings, the applicant provided indicates that on 27 August 2004, an EPSB convened and determined the applicant’s medical condition of chronic arthritis bilateral knee and right ankle existed prior to entry into the Army.  On 21 September 2004, the applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay and did not submit any statement on his behalf.  The proceedings further reflect that on 23 September 2004, the unit commander recommended the applicant to be separated from the Service, and the separation authority, on 29 September 2004, directed the applicant’s discharge from the Army.  Furthermore, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature that confirms his discharge was the result of the EPSB.

2.  In addition, a memorandum furnished by the applicant, dated 15 September 2004, indicates he acknowledged being counseled by his immediate commander concerning his request for excess leave pending discharge.

3.  The DD Form 214 indicates that on 15 October 2004, 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.  The DD Form 214 further indicates the applicant was placed on excess leave from 24 September 2004 through 15 October 2004, for a period of 22 days.

4.  On 15 October 2004, Orders 289-2223, DA, HQ, US Army Infantry Center, Fort Benning, GA, discharged the applicant from the Regular Army, effective 15 October 2004.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record contains no negative counseling statements or any actions under the Uniform Code of Military Justice.

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.  

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.  However for Soldiers in entry-level status, it will be uncharacterized.  

3.  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.

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 DA Form 4707 furnished by the applicant indicates the proceedings of an EPSB revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty, and subsequently, those findings were approved by competent medical authority.  The proceedings further reflect the applicant agreed with these 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.  Regarding the provisions of Army Regulation 635-200 that provides a Soldier’s service will be uncharacterized when his separation is initiated while he is in entry level status, the memorandum furnished by the applicant, dated 15 September 2004, indicates the applicant acknowledged being counseled by his immediate commander concerning his request for excess leave pending discharge during the period he was in the 180-day period of entry-level status, subsequent to the initiation of his separation proceedings.

6.  The applicant's contentions that his knee injury was sustained in basic training were carefully considered.  However, the medical proceedings established that his medical condition was identified by appropriate medical authority within six months of the his 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, that the medical condition was not service aggravated, and that the condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, Chapter 3.  

7.  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:  1 November 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                     
ADRB Case Report and Directive (cont)		AR20130007889

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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