AR20140000847

IN THE CASE OF:

BOARD DATE: 14 May 2014

CASE NUMBER: AR20140000847
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and considering the examiners 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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.

2. The applicant states, in effect, he was discharged for a condition existing prior to service, for hitting his head and having a seizure. He is not seizure prone and it was his first seizure. He has no medical record and has never been in the hospital until the seizure happened. He talked with doctors and told them his story while he was at Fort Benning, GA. They would not change his discharge nor would they attend to his injury.

DISCHARGE UNDER REVIEW INFORMATION:

a. . Application Receipt Date: 14 January 2014
b. Discharge received: Uncharacterized
c. Date of Discharge: 29 October 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: 30th AG Detachment (Hold), Fort Benning, GA
f. Current Enlistment Date/Term: 3 September 2013, 3 years and 16 weeks
g. Current Enlistment Service: 1 month, 27 days
h. Total Service: 1 month, 27 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-1
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: No
s. Performance Ratings: No
t. Counseling Statements: NIF
u. Prior Board Review: No

SUMMARY OF SERVICE:

1. The applicant enlisted in the Regular Army on 3 September 2013, for a period of 3 years and 16 weeks. He was 20 years old at the time and a high school graduate. His record does not show any acts of valor or significant achievements. He was in initial entry training at Fort Benning, GA when his discharge was initiated.
SEPARATION FACTS AND CIRCUMSTANCES:

1. The applicants record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants digital signature.

2. The DD Form 214 indicates on 29 October 2013, the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failed medical/physical/ procurement standards, with an SPD code of JFW, an RE code of 3, and a characterization of service of uncharacterized.

3. On 25 October 2013, Orders 298-2205, DA, US Army Installation Management Command, HQS, US Army Garrison, Fort Benning, Fort Benning, GA, discharged the applicant from the Regular Army, effective 29 October 2013.

4. The applicants service record does not contain any evidence of unauthorized absences, time lost or any action under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

Discharge Orders/298-2205, dated 25 October 2013.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application (six pages) and a DD Form 214.

POST-SERVICE ACTIVITY:

The applicant did not provide any information with his 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 Soldiers 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.

ANALYSTS DISCUSSION AND RECOMMENDATION:

1. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.

2. After a careful review of all the applicants available military records for the period of enlistment under review, the issues and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

3. The applicants record is void of the specific facts and circumstances concerning the events which led to his 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 applicants digital signature. This document identifies the reason and characterization of the discharge.

4. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards with service uncharacterized. In connection with such a discharge, the proceedings of an Entrance Physical Standards Board (EPSB) would have revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, competent medical authority would have had to approve the findings of the EPSB. The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army.

5. 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 Soldiers service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. 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 applicants service record contains no such unusual circumstances and his service did not warrant an honorable discharge. It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

6. The applicant contends he was discharged for a condition existing prior to service, for hitting his head and having a seizure; he is not seizure prone and that was his first seizure of his life; he has no medical record and has never been in the hospital until that day the seizure happened; he talked with doctors and told them his story while he was at Fort Benning, GA; they would not change his discharge nor would they attend to his injury. These contentions were carefully considered. However, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown. The applicant must meet the burden of proof by providing 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 he must meet the burden of proof since the discharge packet is not available in the official record.

7. Therefore, based on the available evidence and the presumption of government regularity, it appears 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: 14 May 2014 Location: Washington, DC

Did the Applicant Testify: No

Counsel: None

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: No Change
Change RE Code to: No Change
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) AR20140000847

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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