Applicant Name: Application Receipt Date: 2010/07/07 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I constantly ask for a new DD 214 that states Honorable (sic) on #24 on the DD 214 Form. But this dept (sic) keep sending me the same DD 214. I need an uptodate (sic) DD 214 with honorable on it so when I apply to jobs it states the correct character of service." 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: 980210 Discharge Received: Date: 980224 Chapter: 5-11 AR: 635-200 Reason: Failure to Meet Procurement Medical Fitness Standards RE: SPD: JFW Unit/Location: A Co, 143rd OD Bn, Aberdeen Proving Ground, MD 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: 18 Current ENL Date: 970723 Current ENL Term: 03 Years ????? Current ENL Service: 00 Yrs, 07 Mos, 02 Days ????? Total Service: 00 Yrs, 07 Mos, 02 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: North Miami Beach, FL Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record does not contain the Entrance Physical Standards Board (EPSBD) results that found the applicant was medically unfit for enlistment in accordance with current medical fitness standards, and that the condition existed prior to service. On 10 February 1998, the unit commander subsequently recommended separation from the service. On 10 February 1998, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with service uncharacterized. On 14 February 1998, the separation authority directed that 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 regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status. 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 during the period of enlistment under review, the issue and document submitted with the application, the analyst determined that the applicant’s discharge is improper. The evidence of record supports that she was discharged from active duty, under the provisions of Chapter 5, paragraph 5-11, Army Regulation 635-200. The analyst noted that the applicant had completed 6 months and 18 days of continuous active service and was no longer in entry level status. In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (100607); and a VA Rating Decision, dated (080705). 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 applicant’s discharge is improper. The evidence of record supports that she was discharged from active duty, under the provisions of Chapter 5, paragraph 5-11, AR 635-200. The Board noted that the applicant had completed 6 months and 18 days of continuous active service and was no longer in entry level status. In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable. However, Board determined that the reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 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: None 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 AR20100018598 ______________________________________________________________________________ Page 1 of 3 pages