IN THE CASE OF:  	

      BOARD DATE:  	22 November 2013

      CASE NUMBER:  	AR20130009530
___________________________________________________________________________

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 uncharacterized to general, under honorable conditions.

2.  The applicant states, in effect, he received an uncharacterized discharge and the VA shows him receiving a general, under honorable conditions discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		16 May 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			11 August 2006
d. Reason/Authority/SPD/RE:		Failed Medical/Physical Procurement Standards						AR 635-200, Chapter 5, paragraph 5-11, JFW, RE-3
e. Unit of assignment:			C Co, 73rd Ordnance Battalion, Fort Gordon, GA
f. Current Enlistment Date/Term:	18 January 2006, 4 years/with a moral waiver
g. Current Enlistment Service:	6 months, 24 days
h. Total Service:			7 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		USAR (051216-060117)/NA
k. Highest Grade Achieved:		E-1
l. Military Occupational Specialty:	None
m. GT Score:				103
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:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 18 January 2006 for a period of 4 years, with a moral waiver.  He was 19 years old at the time and a high school graduate.  His record does not show any acts of valor or significant achievements.  He was in advanced individual training at Fort Gordon, GA when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 19 May 2006, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of asthma existed prior to entry into the Army.  

2.  On 16 June 2006, the applicant reviewed and concurred with the findings of the EPSB, and requested to be discharged from active duty and did not submit any statement on his behalf.

3.  On 16 June 2006, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, with an uncharacterized discharge.  The intermediate commander reviewed the proposed action and recommended approval of with an uncharacterized discharge.  

4.  On 12 July 2006, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized.

5.  The applicant was discharged from the Army on 11 August 2006, with a characterization of service listed as uncharacterized. 

6.  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 did not contain any other relevant Information.

EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided a DD Form 293.

POST-SERVICE ACTIVITY:  

The applicant did not provide any 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 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 military records, the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  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.  The applicant agreed with these findings and the proposed action for administrative separation from the Army.    

3.  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.  

4.  Further, a general, under honorable conditions discharge is not authorized under ELS conditions.

5.  The applicant contends the VA informed him he would be eligible for VA benefits with a general, general, under honorable conditions discharge; he received an uncharacterized discharge and the VA shows him receiving a general, under honorable conditions discharge.  However, 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 contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he received a general, under honorable conditions discharge.

6.  Also, 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.

7.  Furthermore, the applicant was separated with an uncharacterized discharge.  This type of discharge simply means that the Soldier was in an entry-level status, i.e., in an initial probationary period of service.  Any individual, who has served for less than 180 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge.  This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty.

8.  All the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

9.  Therefore, the reason for discharge and the characterization to include the (RE) code being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review    Date:  22 November 2013       Location:  Washington, DC

Did the Applicant Testify:  No

Counsel:  None

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:		No Change
Change RE Code to:			No Change
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)		AR20130009530



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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