IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 February 2014

      CASE NUMBER:  	AR20130012340
___________________________________________________________________________

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 or honorable and a change to the narrative reason for separation.

2.  The applicant states, in effect, he needs an honorable discharge to obtain a job in law enforcement.  There was no misconduct before, during or after training.  He desires to reenlist in the Army. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 July 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			19 April 2011
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:			F Co, 3-34th Infantry Regiment, Fort Jackson, SC
f. Current Enlistment Date/Term:	24 January 2011, 3 years and 29 weeks/medical 						waiver
g. Current Enlistment Service:	2 months, 26 days
h. Total Service:			2 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 24 January 2011 for a period of 3 years and 29 weeks.  He was 20 years old at the time and a high school graduate.  He was in basic training at Fort Jackson, SC when his discharge was initiated.






SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 29 March 2011, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of cataract in both eyes existed prior to entry into the Army.  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.

2.  On 12 April 2011, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, with an uncharacterized discharge.  

3.  On 12 April 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 19 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:

The record did not contain any other relevant Information.

EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided a DD Form 293, DA Form 4707 (Entrance Physical Standards Board Proceedings, front page, two support statements, DA Form 2808 (Report of Medical Examination, two pages), and a DD Form 214.

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. 

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 to meet procurement medical fitness 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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason for separation 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 or a change to the narrative reason for separation.  

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.  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 service record contains no such unusual circumstances and his service did not warrant an honorable discharge.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  


5.  The applicant requested a change to the narrative reason for separation.  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, failed to meet procurement medical fitness standards.  The regulation further stipulates that no deviation is authorized.  

6.  The applicant contends he needs an honorable discharge to obtain employment in law enforcement.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

7.  The applicant further contends there was no misconduct before, during or after training.  The applicable Army regulation states there are circumstances which provide the basis for a characterization of service.  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.  The applicant desires to reenlist in the Army.  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.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

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

10.  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:  21 February 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)		AR20130012340



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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