Applicant Name: ????? Application Receipt Date: 2008/11/21 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the Applicant. The Applicant submitted no issues of equity or propriety to be considered by the Board. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 060322 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: Co F, 2/58 Inf, Ft Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 051103 Current ENL Term: 3 Years 19 weeks Current ENL Service: 00 Yrs, 04Mos, 20Days ????? Total Service: 00 Yrs, 04Mos, 20Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: 131 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Stuart, FL Post Service Accomplishments: None submitted by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. 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. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, for condition, not a disability, with service uncharacterized. Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., condition, not a disability), with a reentry eligibility (RE) code of 3. On 21 March 2006, Orders 080-2237, DA, HQ, US Infantry Center Fort Benning, GA discharged the applicant from the Regular Army, effective date: 22 March 2006. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which interferes with assignment to or performance of duty. The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in his/her service that warrant such characterization. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the analyst recommends to the Board that the applicant’s request for an upgrade of his characterization of service be denied. The applicant’s 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 and Government regularity is presumed in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of condition, not a disability, with an uncharacterized separation of service and a reentry eligibility (RE) code of "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. Absence evidence to the contrary, it is presumed that the applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished within 72 hours following approval by the separation authority. Further, for Soldiers in entry-level status, a fully 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 analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. 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. Therefore, the analyst recommends to the Board that the reason for discharge and the characterization of service are both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 3 September 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080019508 ______________________________________________________________________________ Page 3 of 3 pages