IN THE CASE OF: Mr. BOARD DATE: 25 February 2015 CASE NUMBER: AR20140004555 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his uncharacterized discharge characterization to honorable. 2. The applicant states, in effect, he was told he was receiving an honorable discharge. He states, he was told he could enlist after completing a physical prior to basic combat training. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 March 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 9 November 2000 d. Reason/Authority/SPD/RE Code: Disability, Existed Prior to Service-Medical Board, AR 635-40, Chapter 5, RE Code 3 e. Unit of assignment: W1D5 Co G TR TC, Fort Lee, VA f. Current Enlistment Date/Term: 12 July 2000/NIF (Active Duty for Training) g. Current Enlistment Service: 3 months, 28 days h. Total Service: 11 months, 20 days i. Time Lost: None j. Previous Discharges: USAR, 991120-000711, NA k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: NIF o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve on 20 November 1999, for a period of 8 years and was ordered to active duty for training on 12 July 2000. He was 17 years old at the time of entry. His record is void of any significant acts of valor and achievement. He completed 11 months and 20 days of military service when his discharge proceedings were initiated; he was serving in Fort Lee, VA. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. 2. The service record contains a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. It indicates that on 9 November 2000, the applicant was discharged under the provisions of Chapter 5, AR 635-40, by reason of a disability that existed prior to entry into the Army, after being evaluated by a medical board. The applicant received an uncharacterized discharge. 3. The DD Form 214 indicates the applicant was discharged with a characterization of service as uncharacterized, a Separation Code of KFN (i.e., Disability Existed Prior to Service, Medical Board) and a reentry code of 3. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Standard Form 88 (Report of Medical Examination), dated 20 November 1999. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 5 March 204, a copy of his social security card, State of New York Certificate of Birth, letter from National Personnel Records Center, dated 25 February 2014, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation 635-40 provides for separation of an enlisted Soldier for non-service aggravated EPTS conditions when Soldiers requests waiver of PEB evaluation. This guidance is applicable to enlisted Soldiers on active duty for more than 30 days. 2. Commanders authorized to effect the discharge of Soldiers under provisions of this chapter will effect such discharge expeditiously. No medical examination will be accomplished during separation processing unless there is reason to believe that material change has occurred in the Soldier’s physical or mental condition since his appearance before the MEB. 3. Unless otherwise indicated, the Soldier will be issued a DD Form 256A (Honorable Discharge Certificate). A DD Form 214 will be prepared in each case. If the Soldier is in a entry level status at the time of processing, the DD 214 may describe service as uncharacterized in accordance with AR 635-200, Chapter 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, the documents and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. His record contains a properly constituted DD Form 214 which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the presumption of government regularity prevail in the discharge process. 3. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-40, Chapter 5, by reason of disability, existed prior to service-medical board, with an uncharacterized separation of service. The DD Form 214 shows a Separation Code of KFN. In connection with such a discharge, the applicant would have requested discharge for a physical disability under the provisions of AR 635-40, Chapter 5. A medical evaluation board would have determined that the applicant did not meet medical retention standards due to a medical condition that was determined to have existed prior to his entry into active service and had not been aggravated by his military service. 4. The applicant would have been fully informed and made aware he was entitled to the same consideration and processing as any other Soldier of the Army separated for a physical disability, which would include consideration of his case by a physical evaluation board. However, the applicant would have elected to not exercise his right to appear before a physical evaluation board. 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 the separation action is initiated while the Soldier is in entry level status. 5. Absence evidence to the contrary, it appears the applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished within 72 hours following its approval as stated in AR 635-200. Further, 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 record does not indicate such unusual circumstances were present and the applicant’s service did not warrant an honorable discharge. 6. It appears that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 25 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140004555 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1