Application Receipt Date: 060109 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: NIF Discharge Received: Date: 020530 Chapter: 5-11 AR: 635-200 Reason: Failed Medical/Physical Procurement Standards RE: SPD: JFW Unit/Location: 43rd AG Bn Reception TC Fort Leonard Wood, MO 65473 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 741020 Current ENL Date: 020430 Current ENL Term: 3 Years ????? Current ENL Service: 00 Yrs, 01Mos, 01Days ????? Total Service: 05 Yrs, 10 Mos, 14 Days ????? Previous Discharges: RA 960716-981115/HD USAR 981116-020429/NA Highest Grade: E3 Performance Ratings Available: Yes No MOS: None GT: 111 EDU: HS Letter Overseas: Germany Combat: None Decorations/Awards: ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances pertaining to the applicant's discharge are not contained in the available records. However, the record does contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authneicated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5-11, AR 635-200 by reason of failure to meet medical/physical procurement standards, with service uncharacterized. Evidence of record shows that on 29 May 2002, orders 149-0358, DA, HQ, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, discharged the applicant from the Regular Army effective date: 30 May 2002. 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 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 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 that led to his discharge from the Army. The analyst noted that 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 is presumming government regularity in the discharge process. The evidence of record also shows that the applicant was in an entry-level status at the time of his separation and his service was appropriately described as uncharacterized. A Soldier is in entry-level status for the first 180 days of continuous active duty. Army Regulation 635-200 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. 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 characterization of service. Therefore, the narrative 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: 061108 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA 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: MARY E. SHAW DATE: 011113 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000707 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages