Application Receipt Date: 060511 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: 020313 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not A Disability RE: SPD: JFV Unit/Location: Service Battery 2nd Bn 17th FA Bn Camp Casey, Korea AP 96224 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: 830506 Current ENL Date: 010313 Current ENL Term: 6 Years ????? Current ENL Service: 01 Yrs, 00 Mos, 01Days ????? Total Service: 01 Yrs, 00 Mos, 01 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: 108 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: 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 specific facts and circumstances pertaining 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 that he was discharged under the provisions of AR 635-200, Chapter 5-17, by reason of physical condition, not a disability, with a general, under honorable conditions discharge and a reentry eligibility (RE) code of "3." Furthermore, the DD Form 214 shows a Separation Code of JFV (physical condition, not a disability). On 1 March 2002, DA, Camp Casey Transitioin Center, order 060-003, discharged the applicant from the Regular Army, effective date: 13 March 2002. 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 available military records during the period of enlistment under review and the issue 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 specific facts and circumstances that led to his discharge from the Army. His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 5, Paragraph 5-17, by reason of physical condition, not a disability, with a general, under honorable conditions discharge. With this type of discharge, regulations require that a physical condition interfere with the Soldier's ability to perform his 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 his ability to function and been recommended for administrative separation. In the absence of evidence to the contrary, the analyst presumed Government regularity in the discharge process. Furthermore, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, the analyst determined that 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: 070307 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 all of the applicant’s available military records during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was too harsh and as a result it is inequitable. The Board found that the circumstances surrounding the discharge warranted an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for 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: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070308 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060006801 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages