IN THE CASE OF:  	Mr. 

      BOARD DATE:  	20 November 2013

      CASE NUMBER:  	AR20130009722
___________________________________________________________________________

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 to his uncharacterized discharge to honorable, and a change to his separation code, reentry code, and narrative reason for discharge.

2.  The applicant states, in effect, his DD 214 (Certificate of Release or Discharge from Active Duty), is in error and is impacting his ability to get a job.  He contends he did not conceal or misrepresent any information regarding his previous medical condition (labral tear to left/right hip) and all the information regarding his medical condition and medical reports were properly submitted to his recruiter.  The applicant states his recruiter can verify this information over the phone but stated, due to Army regulations he could not write a sworn statement.  He also contends the following:

     a.  He was screened and checked by an Army specialist during his medical pre-screen and was recommended and cleared for enlistment into the U.S. Army.

     b.  The medical doctor and his recruiter stated he was waived/cleared of the previous medical condition.

     c.  His medical information was documented and filed through proper authority and means.

     d.  Through no fault of his own, his characterization of service, separation code, and reentry code are in error and requires reclassification.

     e.  His DD 214 should be coded to reflect the medical decision and that he was medically discharged due to an injury suffered as a result from a fall while in basic training.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			15 May 2013
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				6 December 2012
d. Reason/Authority/SPD/RE Code:		Failed Medical/Physical/Procurement 
Standards, AR 635-200, JFW, RE-3
e. Unit of assignment:				E Company RHU, 30th AG Bn (Reception)
192d Infantry Brigade, Fort Benning, GA
f. Current Enlistment Date/Term:		16 October 2012/3 years, 18 weeks
g. Current Enlistment Service:		1 month, 21 days
h. Total Service:				1 month, 21 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		None
m. GT Score:					105
n. Education:					Bachelor 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:			No
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 16 October 2012 for a period of 3 years and 18 weeks.  He was 24 years old at the time of entry and a college graduate.  His record is void of any significant achievements or acts of valor.  He completed 1 month, and 21 days of active duty service.  When his discharge proceedings were initiated, he was in basic training at Fort Benning, Georgia.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 16 November 2012, an Entrance Physical Standards Board (EPSB) convened and determined the applicant was suffering from bilateral hip pain, which existed prior to his entry into the Army.  

2.  On 29 November 2012, the unit commander recommended separation from the Army under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of having a medical condition that existed prior to service, (chronic hip pain).  He recommended he receive an entry-level separation with his service described as uncharacterized.  On 27 November 2012, the intermediate commander reviewed the proposed action and directed separation with an uncharacterized discharge.

3.  On 29 November 2012, the applicant reviewed and concurred with the findings of the EPSB and requested to be discharged from the US Army without delay.  On 28 November 2012, he waived his right to consult with legal counsel and submitted a statement on his own behalf.

4.  On 3 December 2012, the separation authority directed the applicant be discharged.    

5.  The applicant was discharged on 6 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.  DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 
16 November 2012, diagnosing the applicant with bilateral hip pain and recommended he be separated from the military service.

2.  DA Form 2823 (Sworn Statement), dated 30 November 2012 and 26 November 2012. The first sworn statement, dated 30 November 2012, was void of any answers to the questions.  The second sworn statement, dated 26 November 2012, indicates that he was asked by his recruiter to gather his medical documents to be submitted to the Military Entrance Processing Station (MEPS) to receive a medical waiver for his injury so he could be cleared to enlist in the military.

3.  DD Form 3349 (Physical Profile), dated 16 November 2012, for bilateral hip pain.

EVIDENCE SUBMITTED BY THE APPLICANT:

1.  The applicant provided the following documents in support his application:

     a.  DA Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S.Code, Section 1552), dated 14 May 2013 and a self-authored statement with all listed enclosures.

     b.  A second self-authored statement requesting consideration of the following additional documents:

          (1)  DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States).

          (2)  DA Form 705 (Army Physical Fitness Test Scorecard), dated 2 October 2012 and 
26 July 2012.

          (3)  Letters from Dr. B, Nashville Sports Medicine and Orthopaedic Center, dated 
18 January 2013, 23 August 2010, 20 July 2010, 9 April 2009, 8 April 2009.

          (4)  Medical Imaging Consultation Report from Baptist Hospital, dated 23 August 2010.

          (5)  Medical health records.

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of his application. 

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter5, 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 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 proceedings of the 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 competent medical authority.  

3.  The applicant contends through no fault of his own, his characterization of service, separation code, and reentry code are in error and requires reclassification.  However, 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.  In addition to the above, the applicant was separated under the provisions of Chapter 5, paragraph 5-11, AR 635-200 with an discharge as uncharacterized.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Failed Medical/ Physical/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 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.  Furthermore, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There is no basis upon which to grant a change to the reason or to the RE code.

5.  All the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the records show the proper discharge and separation authority procedures were followed in this case.  

6.  The applicant contends the set of circumstances that surround his discharge has tainted his otherwise impeccable record directly negatively impacting his ability to gain employment in any federal or state law enforcement agency due to the background investigation requirements.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 

7.  The applicant further contends that he was screened and checked by an Army specialist during his medical pres-screen and was cleared to enlist in the military with his previous medical condition, he provided all necessary medical information through the proper authority, and should have been medically discharged.  However, Army Regulation 635-200, in pertinent part, stipulates that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under the standards prior to entry on active duty or active duty for initial entry training, may be separated.  The applicant’s pre-existing medical condition was discovered by an appropriate medical authority within the first six months of active duty of his initial entrance on active duty as required by the governing regulation, and therefore was recommended and approved for separation. 

8.  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:  20 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                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130009722



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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