Applicant Name: ????? Application Receipt Date: 2012/04/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I am appealing your decision on my “uncharacterized discharged” that I was given when I was discharged on April 21, 2011. I was injured on December 10th as a result of this injury I severely injured my left foot, severe pain in my lower back pain as a result of the traumatic injury that I suffered in my foot I also suffered pain in my lower back and left knee. When I went on sick call I was told that there was nothing that could be done for me because I had already been medically discharged. As of May 01, 2011, I have been granted a SERVICE CONNECTION OF 10% with the Department of Veteran Affairs Office. I am appealing that my discharged of “uncharacterized discharged” be overturned and upgraded to read “HONORABLE.” 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: 110411 Discharge Received: Date: 110421 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: C Co, 2/60th Inf, Fort Jackson, SC 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: 20 Current ENL Date: 100520 Current ENL Term: 04 Years ????? Current ENL Service: 00 Yrs, 11 Mos, 02 Days ????? Total Service: 00 Yrs, 11 Mos, 02 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: None GT: 82 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 11 April 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition for being unable to complete Basic Combat Training due to a foot stress fracture and the time required for it to heal, with an entry level uncharacterized separation of service. She was advised of her rights. On 13 April 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation Board (which she was not entitled too), and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge. On 14 April 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 5-17 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 military records during the period of enlistment under review, the issues, and documents she submitted, the analyst determined that the characterization of service is improper. There was a full consideration of all faithful and honorable service as well as the applicant’s medical condition that caused her to be discharged. Army Regulation 635-200 provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. The evidence of record shows the unit commander notified the applicant of initiation of discharge proceedings after she had completed 180 days of continuous active duty, thus no longer in entry level status. AR 635-200 defines entry level status for active duty Soldiers as the period of the first 180 days of continuous active duty. When the applicant was notified of the initiation of discharged, she had completed 10 months and 22 days of active duty service. In view of the foregoing, the analyst recommends the applicant’s characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 September 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149, dated 29 March 2012 and Self-Authored Statement, dated 28 March 2012. 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 applicant’s characterization is improper. The evidence of record supports the conclusion that the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, Army Regulation 635-200, condition, not a disability, while in initial-entry level training status (IET). The board noted that she was no longer in entry level status at the time the discharge proceedings were initiated, and had completed more than 180 days of continuous active service. AR 635-200 defines entry level status for Regular Army Soldiers as the first 180-days of continuous active duty. In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to fully honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. IX. Board Decision Board Vote: Character - Change 5 No change 0 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: ARCHIE L. DAVIS III 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 AR20120007278 ______________________________________________________________________________ Page 3 of 3 pages