IN THE CASE OF:  	Ms. 

      BOARD DATE:  	2 May 2014

      CASE NUMBER:  	AR20140001759
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant's record of service during the period of enlistment under review, and notwithstanding the examiner’s Discussion and Recommendation which follows, the Board determined the applicant’s characterization of service is improper.  The use of the presumption of Government regularity in this case is questionable.  The applicant was discharged after 10 months of active duty service while attending advanced individual training as a RA Soldier under provisions of AR 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards.  

2.  Her service was uncharacterized, although she had served 10 months on active duty.  Whether a Soldier is in initial entry level status is determined at the time of the initiation of the separation action, not when the enlisted Soldier is separated.  Under provisions Chapter 5-11 an entrance physical standards board takes the place of the notification memo, and must be conducted within six months of the Soldier's entry on active duty.  In view of the aforementioned, the Board voted to grant partial relief by changing the characterization of service to honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  






      
      
      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 her discharge from uncharacterized to honorable and a change to the narrative reason for separation.

2.  The applicant states, in effect, she was discharged due to her officially reporting sexual harassment from a senior enlisted Soldier to her chain of command that was never addressed. 
She was hazed by her chain of command to the point that it felt they were trying to push her to go absent without leave (AWOL).  While in advanced individual training (AIT), she was told that she could not be saved, because it would sink an entire ship to save one and it did not justify the need.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		24 January 2014
b. Discharge received:			Uncharacterized
c. Date of Discharge:			14 February 2000
d. Reason/Authority/SPD/RE:		Failed To Meet Medical/Physical/Procurement 							Standards, AR 635-200, Chapter 5, paragraph 5-11, 						JFW, RE-3
e. Unit of assignment:			C Co, 369th Signal Battalion, 15th Signal Brigade,						Fort Gordon, GA
f. Current Enlistment Date/Term:	13 April 1999, 4 years
g. Current Enlistment Service:	10 months, 2 days
h. Total Service:			10 months, 2 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None
m. GT Score:				104
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 13 April 1999, for a period of 4 years.  She was 18 years old at the time and a high school graduate.  Her record does not show any acts of valor or significant achievements.  She was in AIT at Fort Gordon, GA when her discharge was initiated.

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 authenticated by the applicant’s signature.

2.  The DD Form 214 indicates on 14 February 2000, 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 a characterization of service of uncharacterized.  

3.  On 8 February 2000, Orders 039-0911, DA, HQS, US Army Signal Center and Fort Gordon, Fort Gordon, GA, discharged the applicant from the Regular Army, effective 14 February 2000.

4.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or any action under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 039-0911, dated 8 February 2000.

2.  DD Form 214, dated 14 February 2000.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application (six pages).  She stated in the application she received an Article 15 while stationed at Fort Gordon, GA.  This Article 15 is not contained in the available records.

POST-SERVICE ACTIVITY: 

The applicant stated in her application she pursued a college education, obtained a Master's degree from a top ten university (University of Cincinnati).  Also, she is employed with the State of Texas as a Parole Officer.  

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.

ANALYST’S 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 available records for the period of enlistment under review, the issues and document 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 applicant’s record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army; however, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge.

3.  The DD Form 214 shows 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 service uncharacterized.  In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSB) would have revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, competent medical authority would have had to approve the findings of the EPSB.  The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army.  

4.  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 her separation is initiated while the Soldier is in entry level status.  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 her 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.  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 she was discharged due to her officially reporting sexual harassment from a senior enlisted Soldier to her chain of command that was never addressed.  The evidence of record shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards.

7.  Further, the available record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

8.  The applicant further contends she was hazed by her chain of command to the point that it felt they were trying to push her to go absent without leave (AWOL); and while in advanced individual training (AIT), she was told that she could not be saved, because it would sink an entire ship to save one and it did not justify the need.  These contentions were carefully considered.  However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown.  The applicant must meet the burden of proof by providing the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing she must meet the burden of proof since the discharge packet is not available in the official record.

9.  Furthermore, the applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reason for the discharge, these accomplishments did not overcome the reason for discharge and characterization of service granted.

10.  Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief.

Board Determination and Directed Action

1.  After carefully examining the applicant's record of service during the period of enlistment under review, and notwithstanding the examiner’s Discussion and Recommendation which follows, the Board determined the applicant’s characterization of service is improper.  The use of the presumption of Government regularity in this case is questionable.  The applicant was discharged after 10 months of active duty service while attending advanced individual training as a RA Soldier under provisions of AR 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards.  

2.  Her service was uncharacterized, although she had served 10 months on active duty.  Whether a Soldier is in initial entry level status is determined at the time of the initiation of the separation action, not when the enlisted Soldier is separated.  Under provisions Chapter 5-11 an entrance physical standards board takes the place of the notification memo, and must be conducted within six months of the Soldier's entry on active duty.  In view of the aforementioned, the Board voted to grant partial relief by changing the characterization of service to honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
























SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  2 May 2014     Location: Washington, DC

Did the Applicant Testify:  NA

Counsel:  None

Witnesses/Observers:  NA

Board Vote:
Character Change:  4	No Change:  1
Reason Change:   	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
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)		AR20140001759



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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