IN THE CASE OF: BOARD DATE: 5 June 2015 CASE NUMBER: AR20140008645 ___________________________________________________________________________ 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 a change to the narrative reason for her separation. 2. The applicant states, in effect, since her discharge she has undergone respiratory test from a pulmonary specialist, which indicate she is fit to reenlist in the Army and desires to do so. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 May 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 4 June 2013 d. Reason/Authority/SPD/RE: Failed Medical/Physical/Procurement Standards, AR 635-200, Chapter 5, paragraph 5-11, JFW, RE-3 e. Unit of assignment: C Co, 3-34 Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 12 March 2013, 3 years and 21 weeks g. Current Enlistment Service: 2 months, 23 days h. Total Service: 2 months, 23 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 96 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 12 March 2013, for a period of 3 years and 21 weeks. She was 22 years old at the time of entry and a HS Graduate. Her record does not show any acts of valor or significant achievements. She was in initial entry training at Fort Jackson, SC when her discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 13 May 2013, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of asthma (unspecified) existed prior to service. 2. On 22 May 2013001, the applicant reviewed and concurred with the findings of the EPSB, requested she be retained on active duty. She waived legal counsel and did not submit a statement on her own behalf. 3. On 22 May 2013, the unit commander recommended separation from the service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, with an uncharacterized discharge. 4. On 22 May 2013, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized. 5. On 4 June 2013, the applicant was discharged from the Army with a characterization of service listed as uncharacterized. 6. The applicant’s service record does not contain any evidence of unauthorized absences, time lost, or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A DD Form 214, dated 4 June 2013. 2. Discharge Orders Number 150-1309, dated 30 May 2013. 3. Enlistment/Reenlistment document dated, 12 March 2013. 4. EPSBD Proceedings dated, 13 May 2013. 5. She received several counseling statements dated between 16 March 2013 and 17 May 2013 for sick call procedures, missing training and recommendations for separation. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, self-authored statement, and an independent respiratory evaluation. POST-SERVICE ACTIVITY: The applicant did not provide any information with her application. REGULATORY AUTHORITY: 1. 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. 2. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However for Soldiers in entry-level status, it will be uncharacterized. 3. 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. 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 "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-11, for failed medical/physical/procurement standards. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFW" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the narrative reason for separation was carefully considered. However, after a careful review of all the applicant’s military records for the period of enlistment under review, the issues and documents submitted with the application, there were insufficient mitigating factors to merit a change to the narrative treason for separation. 2. The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant had a medical condition which 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 concurred with the findings and requested she be retained on active duty. 3. 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 separation is initiated while the Soldier is in entry level status. 4. The applicant requested a change to the narrative reason for the discharge. 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 "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-11, for failed medical/physical procurement standards. The regulation further stipulates that no deviation is authorized. 5. The applicant contends since her discharge she has undergone a respiratory test from a pulmonary specialist, which indicates she is fit to reenlist in the Army and desires to do so. 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention her medical condition did not exist prior to entry on active duty. 6. Further, 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 is no basis to grant a change to reason for discharge or 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. All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. 8. Therefore, the reason for discharge and the characterization being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 5 June 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) AR20140008645 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1