Application Receipt Date: 060802 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached document. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 050624 Chapter: 4-24B (3) AR: 635-40 Reason: Disability, Severance Pay RE: SPD: JFL Unit/Location: 84th ENACR Fort Polk, LA 71459-5000 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820915 Current ENL Date: 020212 Current ENL Term: 6 Years ????? Current ENL Service: 03 Yrs, 04 Mos, 13 Days ????? Total Service: 03 Yrs, 04 Mos, 13 Days ????? Previous Discharges: None Highest Grade: E5 Performance Ratings Available: Yes No MOS: 19D20 Cavalry Scout GT: 115 EDU: HS Gard Overseas: SouthWest Asia Combat: Iraq (030426-040707) Decorations/Awards: ARCOM (2), AAM (2), NDSM, ICM, GWOTSM, ASR, PUC (Army-Air Force) V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army. However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 24B (3) by reason of disability, severance pay, with an honorable characterization of service . Furthermore, the DD Form 214 shows a Separation Code of JFL (i.e., disability, severance pay). On 16 June 2005, Department of Army, Headquarters, Joint Readiness Training Center, Fort Polk, LA 71459, Orders 167-0316, discharged the applicant from the Regular Army, effective date: 24 June 2005. b. Legal Basis for Separation: Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. Chapter 4, provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the Soldier’s misconduct. Paragraph 4-24b(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay. The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status. The service of Soldiers in an entry-level status will be uncharacterized. 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review, the issue and document he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his 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 authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 4-24B (3) by reason of disability, severance pay, with an honorable discharge. Furthermore, the DD Form 214 shows a Separation Code of JFL (i.e., disability, severance pay). In connection with such a discharge, the proceedings of a Medical Evaluation Board would have diagnosed the applicant with a medical condition that made him unfit to perform his military duties and referred him to a Physical Evaluation Board (PEB). A PEB would have determined that the applicant was physically unfit to perform his military duties due to a condition that occurred in the line of duty and was not due to his own misconduct. The PEB would have recommended separation with severance pay. The applicant, having been informed of the findings and recommendations of the PEB, would have concurred with the PEB’s findings and recommendations. The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process. Furthermore, If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Armed Forces at the time, and are required to process waivers of reentry eligibility (RE) codes. Therefore, the analyst determined that the narrative reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 July 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 0 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable, voted to deny relief. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 1 August 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060010896 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages