AR20140003027

IN THE CASE OF: Mr.

BOARD DATE: 9 January 2015

CASE NUMBER: AR20140003027
___________________________________________________________________________

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 an upgrade of his uncharacterized discharge to general, under honorable conditions. In addition, the applicant requests a change of his reentry code of 3 to 1 or 2.

2. The applicant states, in effect, he received a medical discharge for a disability he does not have. The applicant contends he would like to reenlist into the military.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 7 February 2014
b. Discharge Received: Uncharacterized
c. Date of Discharge: 25 September 2013
d. Reason/Authority/SPD/RE Code: Failed Medical/Physical/Procurement
Standards, AR 635-200, Chapter 5-11, JFW
RE-3
e. Unit of assignment: Company D, 787th Military Police Battalion
14th Military Police Brigade, Fort Leonard Wood, MO
f. Current Enlistment Date/Term: 6 August 2013/5 years
g. Current Enlistment Service: 1 month, 20 days
h. Total Service: 1 month, 20 days
i. Time Lost: None
j. Previous Discharges: DEP, 130104-130805, N/A
k. Highest Grade Achieved: E-1
l. Military Occupational Specialty: None
m. GT Score: 91
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
r. Administrative Separation Board: N/A
s. Performance Ratings: N/A
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 6 August 2013, for a period of 5 years. He was 19 years old at the time of entry and a high school graduate. He completed 1 month and 20 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Leonard Wood, Missouri.
SEPARATION FACTS AND CIRCUMSTANCES:

1. On 12 September 2013, an Entrance Physical Standards Board (EPSB) convened and determined the applicants medical condition of asthma 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 18 September 2013, the unit commander recommended separation from the Service under the provisions of AR 635-200, Chapter 5-11, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge.

3. On 19 September 2013, the separation authority directed the applicants discharge with a characterization of service listed as uncharacterized.

4. The applicant was discharged from the Army on 25 September 2013, 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:

1. An Article 15, dated 17 September 2013, for being disrespectful in deportment toward DS H, a superior noncommissioned officer (130911). The punishment consisted of forfeiture of $327.00 pay, 14 days of extra duty and restriction (CG).

2. Two counseling statements, dated 18 September 2013, notifying the applicant of the recommendation to administratively separate him from the Army.

EVIDENCE SUBMITTED BY THE APPLICANT:

1. Family Medicine Institute Letter, dated 20 January 2014, written by Mr. S, PA-C, stating the applicant does not exhibit any symptoms indicating that he has asthma.

2. Spirometry Report, Family Medicine Institute, dated 20 January 2014, reflects an interpretation of normal spirometry, and post bronchodilator, not clearly improved, and normal spirometry (two pages).

POST-SERVICE ACTIVITY:

None was provided with the 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.

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 applicants entire military record, and the issue and documents 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.

4. The applicant desires to rejoin the Military Service. However, 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 a RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. A 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.

5. All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.

6. 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: 9 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) AR20140003027

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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