Application Receipt Date: 060329 Prior Review Prior Review Date: ABCMR Board Review (010823) I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. 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: 001108 Discharge Received: Date: 001130 Chapter: 5 AR: 635-40 Reason: Disability, Existed Prior to Service-Medical Board RE: SPD: KFN Unit/Location: Company P, 266th Quartermaster Battalion, Fort Lee, VA 23801 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: 671110 Current ENL Date: 000615 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 5 Mos, 16 Days ????? Total Service: 0 Yrs, 5 Mos, 16 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92Y10, Unit Supply Specialist GT: 93 EDU: 16 Years Overseas: None Combat: None Decorations/Awards: ASR 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: Evidence of record shows that on 3 October 2000, the applicant was evaluated by Department of Army, U.S. Medical Department Activity, Fort Lee, VA 23801, and diagnosed with plantar fascilitis secondary to pes planus. The Fort Lee Medical Activity recommended a Medical Evaluation Board (MEB). On 3 October 2000, the applicant was advised of his rights. On 8 November 2000, the MEB found that the diagnosis existed prior to service (EPTS), was neither incident to nor aggravated by military service, and recommended that the applicant be separated under the provisions of Chapter 5, AR 635-40, by reason of physical disability that was found to have existed prior to entry into active service. On 9 November 2000, the applicant authenticated the findings and recommendations of the MEB, indicating that he agreed with the MEB findings and recommendations. On 9 November 2000, the Physical Evaluation Board Liason Officer notified the unit commander of the findings of the MEB, and recommended that the applicant be expeditiously discharged under the provisions of Chapter 5, AR 635-40, by reason of an EPTS physical disability. On 22 November 2000, the intermediate separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an entry level separation, with service characterized as uncharacterized, and an SPD Code of KFN (Disability, Existed Prior to Service-Medical Board). On 29 November 2000, the separation authority discharged the applicant effective date: 30 November 2000. b. Legal Basis for Separation: Army Regulation 635-40 sets forth the basic authority for the separation of enlisted personnel due to physical disability. Chapter 5 of this regulation provides for separation of an enlisted Soldier for non-service aggravated existed prior to Service (EPTS) conditions when Soldier requests waiver of Physical Evaluation Board (PEB) evaluation. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue he submitted, to include his supporting documents, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The proceedings of the Medical Evaluation Board (MEB) revealed that the applicant had a physical disability that existed prior to his entry on active duty. Subsequently, these findings were approved by competent medical authority. The applicant agreed with these findings and the proposed action for administrative separation from the Army. 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. 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 635-40, Chapter 5-5b, provides, that a soldier’s service will be uncharacterized when his separation is initiated while the soldier is in entry level status. Further, for soldiers 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 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: 1 November 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: 3 November 2006 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004589 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 6 pages