IN THE CASE OF:	Mr. 

      BOARD DATE:	5 March 2014

      CASE NUMBER:	AR20130010973
___________________________________________________________________________

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 upgrade the characterization of his service from uncharacterized to fully honorable.

2.  The applicant states, in effect, he is being denied employment as a result of the requirement to be honorably discharged.  He entered his enlistment with no back problem, but the issue occurred in service.  He is only asking to change the characterization of his discharge to honorable.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	10 June 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	1 April 2011
	d.	Reason/Authority/SPD/RE Code:	Failed Medical/Physical/Procurement Standards, AR 
			635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	979th Engineer Company, Fort Leonard Wood, MO
	f.	Current Enlistment Date/Term:	1 February 2011, 6 years 
	g.	Current Enlistment Service:	0 years, 2 months, 1 day, USAR/ADT
	h.	Total Service:	0 years, 2 months, 20 days
	i.	Time Lost:	None
	j.	Previous Discharges:	USAR (110112-110131) / NA
	k.	Highest Grade Achieved:	E-1
	l.	Military Occupational Specialty:	None
	m.	GT Score:	116
	n.	Education:	Over one year of college
	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 US Army Reserve on 12 January 2011, for a period of 8 years; however, 6 years would be served in a Reserve Component of the Service in which he enlisted, and the remaining two years in the IRR.  He was 33 years old at the time of entry and had over one year of college.  His record documents no acts of valor or significant achievements.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 19 February 2011, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of chronic low back pain existed prior to entry into the Army.  On 23 February 2011, the EPSB findings were approved.  On 11 March 2011, the applicant reviewed and concurred with the EPSB proceedings, requested discharge without delay, and did not submit any statement on his behalf.  

2.  On 11 March 2011, 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.  

3.  On 25 March 2011, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized.

4.  The applicant was discharged from the Army on 1 April 2011, with a characterization of service listed as uncharacterized.

5.  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.  Three counseling statements, dated between 4 and 14 March 2011, for having back pain determined to existed prior to service (EPTS); going on sick call for back pain; receiving a profile to suspend training; attending an EPSBD proceedings; and being recommended by a doctor for separation proceedings due to having a condition that existed prior to the service that disqualified him from enlistment. 

3.  DA Form 3349, Physical Profile, dated 19 February 2011, indicates the applicant was issued a PULHES profile of 114111 and is self-explanatory.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an extract copy of an Act amending a State Code Annotated relative to jailer qualifications, specifically stating an employment requirement for “not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States.”

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 the entire applicant’s military records, and the issues and document 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 competent medical authority.  

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 would allow him to qualify for employment positions requiring an honorable characterization of service or discharge.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  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:  5 March 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)		AR20130010973

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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