Applicant Name: ????? Application Receipt Date: 2011/09/19 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that the benefits of his first enlistment are being denied due to the status of his second enlistment. He completed his first enlistment with an honorable discharge; however, his records were destroyed by his ex-wife just before his second discharge including all the medals he received which included 3 AAMs, 1 ARCOM, and several certificates. 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: NIF Discharge Received: Date: 041207 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not a Disability RE: SPD: JFV Unit/Location: HHB, 75 FA Bde, Fort Sill, OK 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: 23 Current ENL Date: 020320 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 08 Mos, 18 Days ????? Total Service: 04 Yrs, 09 Mos, 06 Days ????? Previous Discharges: RA 000302-020319/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13S10/FA Surveyor GT: 116 EDU: HS Grad Overseas: SWA Combat: Iraq (030213-030618) Decorations/Awards: NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR V. Post-Discharge Activity City, State: Virginia Beach, VA Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading 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. The DD Form 214 indicates he was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with a general, under honorable conditions characterization of service. Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., physical condition, not a disability), with a reentry eligibility (RE) code of 3. On 7 December 2004, the applicant was discharged from the US Army at Fort Sill, OK. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which 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 Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records, and the issue submitted with the application, 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. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17 by reason of a physical condition, not a disability, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's contentions were carefully considered. However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to his discharge are unknown. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. Further, the analyst noted that on 20 March 2002, the applicant reenlisted for an additional 4 years in the regular Army and his DD Form 214 was not properly annotated. If the applicant desires to correct this error he needs to apply to the Army Board for Corrections of Military Records (ABCMR) using the enclosed DD Form 149. Therefore, based on what is available in the applicant’s record, the analyst presumes government regularity in the discharge process and concludes that it appears that the reason for discharge and the 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: 14 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: None 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 Board Vote: Character - Change 1 No change 4 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110019641 ______________________________________________________________________________ Page 1 of 3 pages