Applicant Name: ????? Application Receipt Date: 2012/02/01 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "MEDICAL CONDITION STOPPED ME FROM SERVING THE COUNTRY. THE TYPE OF DISCHARGE IS MENTIONED AS "UNCHARACTERIZED" WHILE I HAVE BEEN TOLD BY MY DOCTORS AND SUPERVISORS THAT DISCHARGE TYPE WOULD BE UNDER HONORABLE BECAUSE OF THE MEDICAL SITUATION THAT HAPPENED TO ME DURING BASIC COMBAT TRAINING. NOW UNDER "UNCHRACTERIZED" USCIS OFFICE IS NOT APPROVING MY CITIZENSHIP REQUEST AND I CANNOT BECOME A CITIZEN, AND USE MY ABILITIES AND SKILLS TO SERVE AMERICA. A AM NOT ABLE TO GET JOB EITHER. I AM A FARSI LINGUIST/TRANSLATOR WITH TOP-SECRET/SCI SECURITY CLEARANCE OBTAINED BY DEPARTMENT OF DEFENSE AND MY "MOS" WAS 09-L. WITH THIS "UNCHRACTERIZED" DISCHARGE, USCIS OFFICE REFUSED TO APPROVE MY CITIZENSHIP FORMS SUBMITTED BY DEPARTMENT OF DEFENSE AND I CANNOT GET ANY JOB TO USE MY SKILLS, KNOWLEDGE AND ABILITIES TO SERVE THE UNITED STATES OF AMERICA." 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: 111116 Discharge Received: Date: 111123 Chapter: 5-11 AR: 635-200 Reason: Failed Medical Physical Procurement Standards RE: SPD: JFW Unit/Location: Company E, 2nd Battalion, 13th Infantry Regiment, 193rd Infantry Brigade, Fort Jackson, SC 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: 30 Current ENL Date: 110830 Current ENL Term: 3 Years 22 weeks Current ENL Service: 0 Yrs, 2 Mos, 24 Days ????? Total Service: 0 Yrs, 2 Mos, 24 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: Coll 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 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 he was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failed medical physical procurement standards, with service uncharacterized. Furthermore, the DD Form 214 shows a Separation Code of JFW (i.e., failed medical physical procurement standards), with a reentry eligibility (RE) code of 3. On 21 November 2011, DA, HQ, US Army Training Center, Fort Jackson, SC; issued Orders 325-1313 which discharged the applicant from the Regular Army with an effective date: 23 November 2011. Notwithstanding the aforementioned, the analyst noted that the applicant submitted a copy of his separation packet along with his DD Form 293, which shows that an Entrance Physical Standards Board convened on 4 November 2011 and determined the applicant’s medical condition of anxiety disorder NOS dated back to prior to entry into the Army. On 8 November 2011, the applicant reviewed and concurred with the findings of the Entrance Physical Standard Board (EPSB) proceedings and requested to be discharged from the US Army without delay. He was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 16 November 2011, the unit commander subsequently recommended separation from the Service. On 17 November 2011, the separation authority signature appears on the DA Form 4707 which the applicant submitted; however, block 29 which shows whether the action by the separation authority directed the applicant’s discharge or retention on active duty appears to be blank. 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 available records for the period of enlistment under review, the issue and documents submitted with the application, to include the separation packet he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army; however 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 the analyst presumed government regularity in the discharge process. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failed medical physical procurement standards with service uncharacterized. In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSBD) 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 EPSBD. The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army. 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 requesting that his discharge be upgraded to genera, under honorable conditions so that he can get a job to use his skills, knowledge and abilities to serve the United States of America. A general, under honorable conditions discharge is not authorized under ELS conditions. An uncharacterized discharge is not an adverse separation action and denotes only that the individual had less than 180 days on active duty. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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, based on the available evidence, the analyst presumes government regularity in the discharge process and determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 July 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Online application dated 24 January 2012, copy of his medical records with various dates, separation packet dated 17 November 2011. 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 Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed 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 XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20120002245 ______________________________________________________________________________ Page 1 of 4 pages