IN THE CASE OF: Mr. BOARD DATE: 10 December 2014 CASE NUMBER: AR20140017215 ___________________________________________________________________________ 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 to honorable, and a change to the reentry code. 2. The applicant states, in effect, he desires to rejoin the military as a chaplain. He states due to the nature of his discharge, he has been denied the opportunity to reenlist into the Army. He states that during basic training he developed a hernia which was considered to have developed prior to training causing him to be medically discharged. He contends his discharge was improper due to the fact he was medically cleared before entering the military by a military doctor and he had no knowledge of a developing left inguinal hernia. He states since his discharge, he has completed a bachelors degree in music, is currently enrolled in the United Theological Seminary, is an ordained clergy, teaching in the community, and serving as a high school band director. He states it is honorable to serve both God and country and if given the chance he believes he would be an outstanding chaplain in the military. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 1 October 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 14 August 2001 d. Reason/Authority/SPD/RE Code: Failed Medical/Physical Procurement Standards, AR 635-200, Paragraph 5-11, JFW RE-3 e. Unit of assignment: Bravo Company, 787th MP BN, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 6 July 2001/5 years g. Current Enlistment Service: 1 month, 9 days h. Total Service: 1 month, 9 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 6 July 2001, for a period of 5 years. He was 19 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor or achievement. He completed 1 month and 9 days of active duty service. When his discharge proceedings initiated, he was serving at Fort Leonard Wood, Missouri. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 31 July 2001, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of left inguinal hernia existed prior to entry into the Army. The applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay and did not submit any statement on his behalf. 2. On 9 August 2001, the unit commander recommended separation from the Army by reason of failure to meet procurement medical fitness standards. 3. On 9 August 2001, the separation authority directed the applicant’s discharge from the Army. 4. The applicant was discharged from the Army on 14 August 2001, with a characterization of service listed as uncharacterized. 5. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Orders Number 225-0356, dated 13 August 2001, that discharged the applicant from the military, effective 14 August 2001. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD 293, dated 29 September 2014, a DD Form 214, medical documents, a referral/response letter from AAA All American Associates in Family Medicine, dated 4 February 2014, two certificates, dated 19 January 2014 and 22 January 2014, Entrance Physical Standards Board (EPSBD) Proceedings, dated 31 July 2001, and a letter from J.L D., MD, dated 19 March 2002. POST-SERVICE ACTIVITY: The applicant states he has earned a Bachelor’s Degree in Music, currently enrolled in the United Theological Seminary teaching in the community and is a high school band director. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the reentry code was carefully considered. However, after a careful review of the applicant’s military records, the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The proceedings of the 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 agreed with these findings and the proposed action for administrative separation from the Army. 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 his separation is initiated while the Soldier is in entry level status. Further, a general, under honorable conditions discharge is not authorized under ELS conditions and an 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 applicant’s record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. 4. All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. 5. Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 December 2014 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) AR20140017215 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1