Application Receipt Date: 060123	

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: NIF
Discharge Received:     Date: 030304   
Chapter: 4    AR: 635-40
Reason: Disability, Existed Prior To Service, PEB
RE:     SPD: JFM
Unit/Location: 0010 TC HHC Trans TML Bn FC  Fort Eustis, VA 23604 

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:  810902  
Current ENL Date: 010201    Current ENL Term: 3 Years  ?????
Current ENL Service: 02  Yrs, 01 Mos, 04 Days ?????
Total Service:  02 Yrs, 01 Mos, 04 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 88N10 Traffic Mgt Coord   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR
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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) which the applicant was unavailable for signature.  His DD Form 214 indicates that he was discharged under the provisions of AR 635-40, Chapter 4, paragraph 4-24b(4) by reason of disability, existed prior to service, peb, with a characterization of service of  honorable.  Furthermore, the DD Form 214 shows a Separation Code of JFM (i.e.,  disability, existed prior to service, peb) with a  reenlistment eligibility (RE) code of "3."    

      b.  Legal Basis for Separation:  
      Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.  Chapter 4 provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the Soldier’s misconduct.  Paragraph 4-24b(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay.  The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status.  The service of Soldiers in an entry-level status will be uncharacterized.  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 military records during the period of enlistment, the analyst recommends that relief be denied in this case.  The analyst noted the applicant’s contention, however, changes to reentry eligibility also known as the reenlistment (RE) code does not fall within the purview of this Board.  The Army Discharge Review Board cannot change the applicant’s reentry eligibility (also known as the reenlistment) (RE) code.  The applicant may apply to the Army Board for Correction of Military Records regarding this matter.  An application for that Board is enclosed.  The analyst determined that the narrative reason for discharge and the characterization of service were both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 061206              
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: 061208
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060001292

Applicant Name:  Mr.       
______________________________________________________________________


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