Application Receipt Date: 060103 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 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: 020619 Discharge Received: Date: 020620 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, not a disability RE: SPD: JFV Unit/Location: Company B, 2nd Battalion, 10th Infantry Regiment, 3d Training Brigade, Fort Leonard Wood, Missouri 65473-8935 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 811009 Current ENL Date: 020312 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 3 Mos, 9 Days ????? Total Service: 0 Yrs, 3 Mos, 9 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: 95 EDU: HS Graduate Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records. However, the evidence of record shows that on 19 June 2002, Orders 170-0365, DA, HQ, US Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri 65473, discharged the applicant from the Regular Army, effective date: 20 June 2002. The record also contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of a physical condition, not a disability, with service uncharacterized. Further, the DD Form 214 shows a Separation Code of JGA (i.e., physical condition, not a disability). b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that 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 policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of specific facts and circumstances which led to the applicant’s discharge from the Army. The applicant’s DD Form 214 indicates that she was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200 by reason of physical condition, not a disability, with service uncharacterized. With this type of discharge, regulations require that a physical condition interfere with the soldiers’ ability to perform duty, and that the diagnosis be so severe that the soldier’s ability to function in the military environment is significantly impaired. Given the above requirement, the applicant would have been diagnosed by competent medical authority with a physical condition which severely impaired her ability to function and been recommended for administrative separation. In the absence of evidence to the contrary, the analyst was compelled to presume administrative regularity in the discharge process. The applicant’s service was uncharacterized because she was in entry-level status (i.e., the first 180 days of continuous active duty.) 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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 27 September 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 No change (Character) Change No change (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 discharge was both proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: ????? Other: ????? RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 29 September 2006 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000381 Applicant Name: ______________________________________________________________________ Page 1 of 6 pages