AR20140002502

IN THE CASE OF: Mr.

BOARD DATE: 30 January 2015

CASE NUMBER: AR20140002502
___________________________________________________________________________

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 upgrade the characterization of his service from uncharacterized to fully honorable and to change the narrative reason for his discharge.

2. The applicant states, in pertinent part and in effect, he was not medically discharged. The attending physician noted an incorrect date of his injury and the formation of lipoma in his lower left lumbar paraspinous region, which occurred as a result of an accident at an obstacle course, as evidenced in the EPSBD (Entrance Physical Standards Board Proceedings) report.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 3 February 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 28 October 2003
d. Reason/Authority/SPD/RE Code: Failed Medical/Physical Procurement Standards, AR
635-200, Paragraph 5-11, JFW, RE-3
e. Unit of assignment: A Trp, 5th Sqdn, 15th Cav, Fort Knox, KY
f. Current Enlistment Date/Term: 16 July 2003, 3 years
g. Current Enlistment Service: 0 years, 3 months, 13 days
h. Total Service: 0 years, 3 months, 13 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-1
l. Military Occupational Specialty: None
m. GT Score: 109
n. Education: GED
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: Yes
u. Prior Board Review: No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 16 July 2003, for a period of 3 years. He was 20 years old at the time of entry and had a high school equivalency (GED). His record documents no acts of valor or significant achievement. He completed 3 months and 13 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. On 6 October 2003, an Entrance Physical Standards Board (EPSB) convened and determined the applicants medical condition of back pain; probably secondary to lipoma existed prior to entry into the Army. On 16 October 2003, 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 22 October 2003, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge.

3. On 23 October 2003, the separation authority directed the applicants discharge with a characterization of service listed as uncharacterized.

4. The applicant was discharged from the Army on 28 October 2003, with a characterization of service listed as uncharacterized.

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

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

The record contains no negative counseling statement or any actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

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 for an upgrade of the characterization of his discharge was carefully considered. However, after a careful review of the entire applicants military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

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 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 Soldiers 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 applicants record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. Furthermore, the uncharacterized description of service accurately reflects the applicants overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

4. The applicant contends the discharge was incorrect because a medical discharge was not provided and the attending physician noted an incorrect date of his injury and the formation of the lipoma. 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 any evidence to support the contention that he was unjustly discriminated against. The applicants statements alone do not overcome the governments presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request to change the narrative reason for his discharge.

5. 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.

6. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The uncharacterized discharge is commensurate with his entry level status.

7. 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: 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) AR20140002502

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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