IN THE CASE OF:	Mr. 

      BOARD DATE:	28 April 2014

      CASE NUMBER:	AR20130014113
___________________________________________________________________________

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 was discharged for medical reasons because he injured his knee in basic training and was unable to meet the procurement standard.  He has been trying to work in civilian law enforcement but they would only accept an honorable discharge. Since he did nothing wrong, he would like to request a change to honorable

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	31 July 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	10 November 1998
	d.	Reason/Authority/SPD/RE Code:	Failure to Meet Procurement Medical Fitness 
			Standards, AR 635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	Co E, 1st Bn, 50th IN, ITB, Fort Benning, GA
	f.	Current Enlistment Date/Term:	20 August 1998, 4 years, 17 weeks
	g.	Current Enlistment Service:	0 years, 2 months, 21 days
	h.	Total Service:	0 years, 2 months, 21 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-1
	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:	None
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 20 August 1998, for a period of 4 years and 17 weeks.  He was 17 years old at the time of entry and a high school graduate.  His record documents no acts of valor or significant achievements.  He completed 2 months and 21 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  He was discharged as a PV1/E-1.

2.  The DD Form 214 indicates that on 10 November 1998, the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards, with an SPD code of JFW, an RE code of 3, and an uncharacterized characterization of service.  

3.  On 9 November 1998, Orders 313-2235, DA, HQ, US Infantry Center, Fort Benning, GA, discharged the applicant from the Regular Army, effective 10 November 1998.

4.  The applicant’s available service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The available record contains no negative counseling statements or any actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application and a copy of his DD Form 214 for the period of service under review.

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 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 examining the applicant’s available record of service, and the issue and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the presumption of government regularity shall prevail in the discharge process.  

3.  The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards, with an uncharacterized characterization of service.  Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The record confirms the applicant was in an 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.  

5.  The applicant contends that an upgrade of his discharge would allow him to obtain an employment with the law enforcement that requires an honorable discharge.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  28 April 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)		AR20130014113



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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