IN THE CASE OF:	Mr. 

      BOARD DATE:	9 May 2014

      CASE NUMBER:	AR20130010895
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the examiner’s 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 the separation and reentry codes of his discharge.

2.  The applicant states, in effect, the codes are false because they indicate he knew about his medical condition prior to his enlistment.  However, he did not know of his medical condition at the time of his enlistment because MEPS had cleared him for military service.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	28 May 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	25 September 2012
	d.	Reason/Authority/SPD/RE Code:	Failed Medical/Physical/Procurement Standards 
			AR 635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	USAMEDDAC, Fort Benning, GA
	f.	Current Enlistment Date/Term:	24 July 2012, 3 years, 18 weeks
	g.	Current Enlistment Service:	2 months, 2 days
	h.	Total Service:	2 months, 2 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	None
	m.	GT Score:	94
	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 24 July 2012, for a period of 3 years and 18 weeks.  He was 19 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievement.  He completed 2 months and 2 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 23 August 2012, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of chronic back pain existed prior to entry into the Army.  The applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay and did not submit any statement on his behalf.  

2.  On 13 September 2012, the applicant waived his right to legal counsel and circled with his initials, “I do not want to remain on active duty.”

3.  On 17 September 2012, 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 discharge.  

4.  On 19 September 2012, 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 25 September 2012, with a characterization of service listed as uncharacterized under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failed medical/physical/procurement standards, a Separation Program Designator code (SPD) 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 23 August 2012.

2.  A counseling statement, dated 11 September 2012, for failing to meet procurement medical fitness standards and that the medical condition existed prior to service.  The applicant agreed with the counseling.

3.  DD Form 2697, Report of Medical Assessment, dated 10 August 2012, in pertinent part, indicates the applicant box-checked “Yes” for having any conditions which currently limited his ability to work in his PMOS or required geographic or assignment limitations, and further indicated “back pain.”

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

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.

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, Paragraph 5-11, 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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request to change the separation code and reentry code of his discharge was carefully considered.  However, after a careful review of the applicant’s entire military records, and the issue submitted with the application, there are insufficient mitigating factors to merit a change to the separation code and reentry code 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 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.  Further, 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 record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

4.  The applicant contends that the separation and reentry codes are false because they indicates he knew about his medical condition prior to his enlistment and requests to have them changed because he did not know of his medical condition at the time of his enlistment as the MEPS had cleared him for military service.  However, 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, paragraph 5-11, for failed medical/physical/procurement standards.  The regulation further stipulates that no deviation is authorized.  Further, 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.  

5.  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.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.  

6.  Therefore, the reason for discharge and its corresponding codes, and the characterization being proper and equitable, recommend the Board deny relief.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  9 May 2014       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)		AR20130010895



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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