Applicant Name: Application Receipt Date: 070906 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the applicant. 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: 061017 Chapter: 4 AR: 635-200 Reason: Disability, Existed Prior To Service, PEB RE: SPD: JFM Unit/Location: HQ, 46th AG Holding Det, Fort Knox, KY 40121 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 Year/Month: 6904 HOR City, State: Houston, TX Current ENL Date: 060711 Current ENL Term: 3 Years 26 Weeks (with a moral waiver) Current ENL Service: 00 Yrs, 03 Mos, 07 Days ????? Total Service: 00 Yrs, 03 Mos, 07 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: 103 EDU: GED Cert Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity 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 a discharge from the Army. 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. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 24B (4) by reason of disability, existed prior to service, PEB, with an uncharacterized separation of service, with a reentry eligibility (RE) code of "3." Furthermore, the DD Form 214 shows a Separation Code of JFM (i.e., disability, existed prior to to service, PEB). On 13 October 2006, Department of Army, Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, KY, discharged the applicant from the Regular Army, effective date: 17 October 2006. 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 existed prior to service. Paragraph 4-24b (4) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability without 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 under review and the issues 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. However, the applicant’s 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. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 635-40, paragraph 4-24b (4) by reason of disability, existed prior to service, PEB, with an uncharacterized separation of service. Furthermore, the DD Form 214 shows a Separation Code of JFM (i.e., disability, existed prior to to service, PEB. In connection with such a discharge, the proceedings of a Medical Evaluation Board would have diagnosed the applicant with a medical condition that made him unfit to perform his military duties and referred him to a PEB. A PEB would have determined that the applicant was physically unfit to perform his military duties due to a condition that existed prior to service. The PEB would have recommended separation without severance pay. The applicant, having been informed of the findings and recommendations of the PEB, would have concurred with the PEB’s findings and recommendations. 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. 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. 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. In view of the foregoing, the analyst determined that the reason for discharge and characterization of service were both proper and equitable and recommends to the board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 August 2008 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: Proper Improper Equitable Inequitable DRB voting record: Change 0 No change 5 - Character Change 0 No change 5 - 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 to deny relief. 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: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 8 September 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070012354 ______________________________________________________________________ Page 1 of 6 pages