IN THE CASE OF:  	Mr. 

      BOARD DATE:  	14 May 2014

      CASE NUMBER:  	AR20130015962
___________________________________________________________________________

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 an upgrade of his discharge from uncharacterized to honorable. 

2.  The applicant states, in effect, there are a few reasons his general discharge is unjust; he was cleared medically by two different doctors prior to his enlistment; he did not have any pain in his right knee prior to enlisting.  His discharge should be upgraded to honorable and considered a disabled veteran entitled to benefits.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		29 August 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			23 August 2013
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:			B Battery, 1-79th Field Artillery Battalion, 434th Field 						Artillery Brigade, Fort Sill, OK
f. Current Enlistment Date/Term:	8 July 2013, 3 years and 18 weeks
g. Current Enlistment Service:	1 months, 16 days
h. Total Service:			1 months, 16 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				103
n. Education:				Associates Degree
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 8 July 2013, for a period of 3 years and 18 weeks.  He was 27 years old at the time had an associate’s degree.  He was in basic training at Fort Sill, OK when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 30 July 2013, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of right knee pain 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 a statement on his behalf.

2.  On 7 August 2013, 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 9 August 2013, 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 23 August 2013, 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, letter, USMEPCOM Medical Specialty Consultations, and a letter, St. Luke’s Family Medical Center.

POST-SERVICE ACTIVITY:

The applicant did not provide any information 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. 

ANALYST’S 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.  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, 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 contends there are a few reasons his general discharge is unjust; he was cleared medically by two different doctors prior to his enlistment; he did not have any pain in his right knee.  The evidence of record shows the applicant was issued a characterization of service as uncharacterized.  A general, under honorable conditions discharge is not authorized under ELS conditions.

6.  Further, the applicant submitted two letters in support of an upgrade of his discharge.  Both letters indicated the applicant had an ACL tear of the right knee, one letter indicated the surgery was performed in February 2001; neither of the letters cleared the applicant for enlistment as he stated in his application.

7.  The rationale the applicant provided that he did not have any pain in his right knee prior to enlisting as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature.

8.  Furthermore, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his contentions.  There is no evidence in the record, nor has the applicant produced any evidence to support his contentions that he was unjustly discriminated.

9.  The applicant also contends his discharge should be upgraded to honorable and he be considered a disabled veteran entitled to benefits.  Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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

11.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  14 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)		AR20130015962



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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