AR20140002377

IN THE CASE OF: Mr.

BOARD DATE: 30 January 2015

CASE NUMBER: AR20140002377
___________________________________________________________________________

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests to change the narrative reason for his discharge.

2. The applicant states, in effect, his separation program designator code does not match his reentry code for reenlisting. He is attempting to reenlist in the military. He did not complete the basic combat training and the narrative reason for his discharge is failed medical, physical, and procurement standards.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 3 February 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 9 October 2007
d. Reason/Authority/SPD/RE Code: Failed Medical/Physical/Procurement Standards, AR
635-200, Paragraph 5-11, JFW, RE-3
e. Unit of assignment: Co E, 2-10th Infantry, Fort Leonard Wood, MO
f. Current Enlistment Date/Term: 15 August 2007, 4 years
g. Current Enlistment Service: 0 years, 1 month, 25 days
h. Total Service: 0 years, 1 month, 25 days
i. Time Lost: None
j. Previous Discharges: one
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: None
m. GT Score: 90
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
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 15 August 2007, for a period of 4 years. He was 21 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed 1 month and 25 days of active duty service.

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 signature. He was discharged as a PVT/E-2.

2. The DD Form 214 indicates on 9 October 2007, 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 an SPD code of JFW, an RE code of 3, and a characterization of service of uncharacterized.

3. On 5 October 2007, Orders 278-1310, DA, HQ, US Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, MO, discharged the applicant from the Regular Army, effective 9 October 2007.

4. The applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

There is no record of any counseling statements or actions under the UCMJ.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, DD Form 214 for the period of service under current review; a medical health record, dated 25 September 2013; and applicants birth certificate.

POST-SERVICE ACTIVITY:

The applicant provided none.

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.

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, 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 applicants request to change the narrative reason and its corresponding codes for his discharge was carefully considered. However, after a careful review of all the applicants available records for the period of enlistment under review, and the issue and documents submitted with the application, there are insufficient mitigating factors to merit changing the narrative reason and its corresponding codes.

2. 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 signature. This document identifies the reason and characterization of the discharge.

3. 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.

4. 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. 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 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 that the rights of the applicant were fully protected throughout the separation process.

5. The applicant’s 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.

6. The applicant contends the narrative reason for the discharge should be changed because of his desire to reenlist. However, the available record indicates the applicant was separated under the provisions of Chapter 5, paragraph 5-11, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Failed Medical/Physical/Procurement Standards,” and the separation code is “JFW.” 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. There is no provision for any other reason to be entered under this regulation.

7. Furthermore, regarding the applicant desires to rejoin the military service, 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.

8. Therefore, based on the available evidence and on 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: 30 January 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) AR20140002377

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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