Applicant Name: ????? Application Receipt Date: 2010/02/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that during his departing VA brief, he was told that an EPTS would be honorable; however, his current DD Form 214 says otherwise. Considering his asthma worsened while he was in Fort Benning, he personally believe that he is not at fault for being sick. He feels that this is service connected. 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: 090319 Discharge Received: Date: 090331 Chapter: 11 AR: 635-200 Reason: Failed Medical/Physical/Procurement Standards RE: SPD: JFW Unit/Location: Company E, 30th Adjutant General Battalion (Reception), 192nd Infantry Brigade, Fort 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: 19 Current ENL Date: IADT Current ENL Term: 0 Years 25 weeks Current ENL Service: 0 Yrs, 2 Mos, 24 Days ????? Total Service: 0 Yrs, 5 Mos, 28 Days ????? Previous Discharges: USAR 081003-090106/NA Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: 96 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The unit commander's notification letter advising the applicant of initiation of involuntary separation action 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, is not in the available record. However, an Entrance Physical Standards Board convened on 9 March 2009 and determined the applicant’s medical condition of Asthma, moderate persistent by history dated back to prior to entry into the Army. The applicant reviewed and concurred with the findings of the Entrance Physical Standard Board (EPSB) proceedings, was advised of the impact of the discharge action, waived legal counsel and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Service. On 19 March 2009, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge. The separation authority directed the applicant be discharged with an uncharacterized discharge. b. Legal Basis for Separation: 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. 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. 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The proceedings of the Entrance Physical Standards Board (EPSBD) revealed that 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. The applicant agreed with these findings and the proposed action for administrative separation from the Army. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected through the separation process. 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. The analyst noted the applicant's issue that he was told during his departing briefing that hs EPTS would be honorable. However, 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. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 October 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 10 August 2009. 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100007950 ______________________________________________________________________________ Page 1 of 3 pages