IN THE CASE OF:	Ms. 

      BOARD DATE:	23 June 2014

      CASE NUMBER:	AR20130016459
___________________________________________________________________________

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 her service from uncharacterized to fully honorable.  

2.  The applicant states, in pertinent part and in effect, the evidence, current lab results, she submitted shows she is no longer anemic—her iron level is normal and she is healthy.  She also would like an upgrade because both her ankles were injured while in basic training, and continue basic training and any other training required in the military in the near future.  .

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	3 September 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	6 June 2013
	d.	Reason/Authority/SPD/RE Code:	Failed Medical/Physical/Procurement Standards, AR 
			635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	A Co, 1st Bn, 61st IN Regt, Fort Jackson, SC
	f.	Current Enlistment Date/Term:	7 May 2013, 3 years, 21 weeks
	g.	Current Enlistment Service:	0 years, 1 month, 0 days
	h.	Total Service:	0 years, 1 month, 0 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	None
	m.	GT Score:	88
	n.	Education:	Bachelor’s of Science
	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 record shows the applicant enlisted in the Regular Army on 7 May 2013, for a period of 3 years and 21 weeks.  She was 27 years old and had a Bachelor’s of Science Degree.  Her record documents no acts of valor or significant achievement.  She completed one month of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 20 May 2013, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of anemia existed prior to entry into the Army.  The applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay and submitted a statement on her behalf.  

2.  On 28 May 2013, 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 28 May 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 6 June 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 contains no negative counseling statements or any actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review; medical quarters’ assignment instructions; BCT IMT sick slip, dated 16 May 2013; two sick slips, dated 14 and 23 May 2013; EPSBD Proceedings, dated 20 May 2013; EPTS/medical board referral slip, dated 17 May 2013; applicant’s statement, dated 22 May 2013; BCT IMT Sick Slip, dated 3 June 2013; and applicant’s lab report, dated 31 July 2013.

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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after a careful review of the entire applicant’s military records, and 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 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 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 her 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 her discharge would allow her to reenlist in the future, and perhaps medical benefits regarding injuries to her ankles.  However, 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.  Moreover, eligibility for veteran's medical benefits 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.  

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:  23 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

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)		AR20130016459

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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