IN THE CASE OF:  	Mr. Robert Latrez White

      BOARD DATE:  	22 January 2014

      CASE NUMBER:  	AR20130011167
___________________________________________________________________________

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.

2.  The applicant states, in effect, he was discharged due to an illness diagnosed during basic training.  He was told the illness was a hereditary, pre-existing illness known as hereditary neuropathy with liability to pressure palsies (HNPP).  He is requesting an upgrade because through no action or misdeed on his part, he was involuntarily released.  He contends he was a good Soldier.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			17 June 2013
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				7 June 2013
d. Reason/Authority/SPD/RE Code:		Failed Medical/Physical/Procurement 
Standards, AR 635-200, Chapter 5, para 5-11,
JFW, RE-3
e. Unit of assignment:				Bravo Company, 2-13th Infantry Regiment,
Fort Jackson, SC
f. Current Enlistment Date/Term:		12 February 2013/3 years 25 weeks
g. Current Enlistment Service:		3 months, 26 days
h. Total Service:				3 months, 26 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-1
l. Military Occupational Specialty:		None
m. GT Score:					90
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			No
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 12 February 2013 for a period of 3 years and 25 weeks.  He was 24 years old at the time of entry and a high school graduate.  His record is void of any significant achievements or acts of valor.  He completed 3 months, and 26 days of active duty service.  When his discharge proceedings were initiated, he was in basic training at Fort Jackson, South Carolina.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 20 May 2013, an Entrance Physical Standards Board (EPSB) convened and determined the applicant was suffering from hereditary periph neuropathy with liability to pressure palsies, which existed prior to his entry into the Army.  

2.  On 24 May 2013, the applicant reviewed and concurred with the findings of the EPSB and requested to be discharged from the US Army without delay.

3.  On 24 May 2013, the unit commander recommended separation from the Army

4.  On 28 May 2013, the separation authority directed the applicant be discharged.    

5.  The applicant was discharged on 7 June 2013, 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:

DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 
15 May 2013, diagnosing the applicant with hereditary periph neuropathy with liability to pressure palsies and recommended he be separated from military service.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 13 June 2013 and a DD Form 214.

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 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.  

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 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.
  
5.  The applicant contends he was a good Soldier and through no action or misdeed on his part, he was involuntarily released.  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 during his ELS period, as required by the governing regulation.  


6.  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:  22 January 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)		AR20130011167



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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