Applicant Name: ????? Application Receipt Date: 2008/09/08 Prior Review: Prior Review Date: NA I. Applicant 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? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 080808 Discharge Received: Date: 080819 Chapter: 5-11 AR: 635-200 Reason: Failed Medical/Physical/Procurement Standards RE: SPD: JFW Unit/Location: Attached to Charlie Battery, 95th Adjutant General Battalion, Fort Sill, OK 73503 Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 080715 Current ENL Term: 4 Years ????? Current ENL Service: 0 Yrs, 1 Mos, 5 Days ????? Total Service: 0 Yrs, 1 Mos, 5 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 24 July 2008, an Entrance Physical Standards Board (EPSBD) convened on and determined that the applicant’s medical condition, which was diagnosed as: healed 5th metacarpal fx with continued pain, and in the opinion of the evaluating physicians the condition(s) existed prior to service. On 1 August 2008, the medical approving authority approved the Entrance Physical Standards Board (EPSBD) findings. On 8 August 2008, the applicant was informed of the Physical Evaluation Board findings. The applicant understood that legal advice of an attorney employed by the Army was available to him or that he may consult with civilian counsel at his own expense, and that he may request to be discharged from the US Army without delay or to request retention on active duty. The applicant concurred with the findings of the Entrance Physical Standard Board (EPSBD) proceedings, and requested to be discharged from the US Army without delay. On 8 August 2008, the unit commander recommended separation from the Army. On 11 August 2008, the separation authority directed that the applicant be discharged from the Army with an uncharacterized separation of service. 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 635-200 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 military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The proceedings of the Enlistment Physical Standards Board (EPSBD) revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to 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 635-200 also 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. Furthermore, the analyst noted the applicant's issue; however, 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. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 3 June 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080015344 ______________________________________________________________________________ Page 1 of 3 pages