IN THE CASE OF: Mr. BOARD DATE: 20 March 2015 CASE NUMBER: AR20140006489 ___________________________________________________________________________ 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 to change the narrative reason for his discharge and the reentry code. 2. The applicant states, in pertinent part and in effect, the purpose for the requested changes is to serve in the Army National Guard based on his education and maturity, and to protect the freedom and foundation of the oath he once took. He asks that the narrative reason be changed to hardship. He details the circumstances and events surrounding his discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 1 April 2014 b. Discharge Received: Honorable c. Date of Discharge: 23 January 2003 d. Reason/Authority/SPD/RE Code: Physical Condition, Not a Disability, AR 635-200, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: K Trp, 3rd Sqdn, 2nd ACR, Fort Polk, LA f. Current Enlistment Date/Term: 17 May 2001, 3 years g. Current Enlistment Service: 1 year, 8 months, 7 days h. Total Service: 1 year, 8 months, 7 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 11C10, Indirect Fire Infantryman m. GT Score: 96 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM; ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 17 May 2001, for a period of 3 years. He was 22 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 11C10, Indirect Fire Infantryman. His record documents no acts of valor or significant achievement. He completed 1 year, 8 months, and 7 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 2. The DD Form 214 indicates the applicant was discharged on 23 January 2003, under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with an honorable characterization of service. 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. 3. On 19 December 2002, Orders 353-0005, DA, HQ, Joint Readiness Training Center and Fort Polk, Fort Stewart, LA, discharged the applicant from the Regular Army, effective 23 January 2003. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is no record of any negative counseling statement or actions under the Uniform Code of Military Justice. 2. A DA Form 2173, Statement of Medical Examination and Duty Status, dated 13 November 2002, indicated the applicant sustained an injury to the left knee, incurred in line of duty. 3. A DA Form 2173, Statement of Medical Examination and Duty Status, dated 18 April 2002, indicated the applicant sustained a crush injury to the left foot, incurred in line of duty. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD 214 for service under current review; three certificates for award of an associate’s degree, dated August 2009, a bachelor’s degree, dated December 2010, and a master’s degree, dated May 2012; an official university transcripts; a teaching certificate, dated 26 April 2013; FBI and BCI background checks, dated 9 July 2012; an infantry training diploma, dated 7 September 2001; a technical university enrollment verification of his doctorial plan; six university certificates, dated August 2011, March 2010, June 2009, March 2009, and February 2009; and an honorable discharge certificate. POST-SERVICE ACTIVITY: The applicant provides documented records of his continued education and certificates of degrees and trainings acquired, and a teaching certificate. REGULATORY AUTHORITY: 1. Army Regulation (AR) 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, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  2. AR 635-200, paragraph 5-1, 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.  3. 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, physical condition, not a disability. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request to change the narrative reason for his discharge and its reentry code was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issues and documents he submitted, there were insufficient mitigating factors to merit a change to the narrative reason for the applicant's discharge. 2. The applicant’s record contains 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 government regularity is presumed in the discharge process. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with an honorable separation of service and a reentry eligibility (RE) code of 3. 3. The applicant contends the discharge was unjust because his discharged for the wrong reason. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discriminated. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or sufficient evidence has been provided with the request to change the narrative reason for his discharge. 4. Furthermore, the applicant's contentions were carefully considered. However, the merit of these contentions cannot be established because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant 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 would be his responsibility to meet this burden of proof since the discharge packet is not available in the official record. 5. Further, the applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 5, paragraph 5-17, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," and the separation code is "JFV." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. Based on the available record, there is no provision for any other reason to be entered under this regulation. 6. The applicant desires to rejoin the military service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former Service Member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 7. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. However, in review of the applicant’s available service record and the reasons for the discharge, it appears that these accomplishments would not overcome the reason for discharge and characterization of service granted. 8. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 20 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA 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: NA 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) AR20140006489 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1