AR20140003247

IN THE CASE OF: Mr.

BOARD DATE: 25 February 2015

CASE NUMBER: AR20140003247
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board determined that the characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 5, AR 635-40, by reason of a Disability, Existed Prior to Service-Medical Board with an uncharacterized discharge. The Soldier’s enlistment contract and DD Form 214 indicated he was an RA Soldier; therefore, he exited entry level status upon completion of 180 days of continuous active duty. Army Regulation 635-5, subparagraph 5-5b provides, “Unless otherwise indicated, the Soldier will be issued DD Form 256A (Honorable Discharge Certificate). Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable and voted not to change it.

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 discharge from uncharacterized to honorable.

2. The applicant states, in effect, prior to his enlistment in the US Army he had no history of any ongoing medical illness or disability. He successfully completed his basic training, and finished his language course at Defense Language Institute Foreign Center (DLIFLC) with a 3.9 GPA. Due to his health issue, he suffered from chronic headaches and migraines (headaches) that only occurred while he was stationed at DLIFLC in Monterey, CA. His platoon sergeant and first sergeant felt he should be reclassified against his wishes. Prior to completion of his Defense Language Proficiency Test (DLPT) at DLIFLC, he was sent to
Fort Jackson, SC, and his headaches continued. He was granted a less than honorable discharge under the medical, existed prior to service classification. At the time, he was young and inexperienced. He was not counseled regarding the type of discharge, but since the discharge from the Army, his headaches have discontinued. He is not sure what caused the headaches, but most likely it was something he was exposed to at DLIFLC due to the age of the buildings. The facilities were the possible the culprit; ie., lead based paints or asbestos. He currently does not have any health issues and have not experienced one since his discharge. He is not seeking any disability or benefits related to his military service. His only goal is to have his honorable as the latter can affect certain potential employment possibilities.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 11 February 2014
b. Discharge received: Uncharacterized
c. Date of Discharge: 21 December 1999
d. Reason/Authority/SPD/RE: Disability, Existed Prior to Service-Medical Board, AR 635-40, Chapter 5, KFN, RE-3
e. Unit of assignment: BTD, Co 3, Bn 10 Inf, 3d Tng Bde, USAECFLWMO
f. Current Enlistment Date/Term: 3 February 1998, 6 years
g. Current Enlistment Service: 1 year, 10 months, 19 days
h. Total Service: 1year, 10 months, 19 days
i. Time Lost: None
j. Previous Discharges: DEP, (980203-980322)
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: None
m. GT Score: 123
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: Yes
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 3 February 1998 for a period of 6 years. He was 20 years old at the time of entry and a high school graduate. His record does not show any acts of valor or significant achievements. At the time of his discharge he was serving at Fort Jackson, SC.

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 did not authenticate the applicants signature. He was discharged as a PFC/E-3.

2. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-40, for disability, existed prior to service-medical board with a characterization of service of uncharacterized. The DD Form 214 shows a Separation Program Designator (SPD) code of KFN and a reentry (RE) code of 3.

3. The applicants available record does not contain any evidence of unauthorized absences or time lost.

4. The applicants available record does not contain separation Orders.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

None

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an electronic online application, dated 11 February 2011 and his DD Form 214.

POST-SERVICE ACTIVITY:

The applicant did not provide any with the application.

REGULATORY AUTHORITY:

1. Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.

2. Army Regulation 635-40, paragraph 3-3a provides that accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.

3. Army Regulation 635-40, paragraph 4-10 provides that the MEB are convened to document a Soldiers medical status and duty limitations insofar as duty is affected by the Soldiers status. A decision is made as to the Soldiers medical qualification for retention based on the criteria in AR 40501, chapter 3. If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB. For MEBs rules for documentation, recommendations, and disposition of the evaluated Soldier, see AR 40400, chapter 7.

4. Army Regulation 635-4, paragraph 5-1 provides for separation of an enlisted Soldier for non-service aggravated EPTS conditions when Soldier requests waiver of PEB evaluation.
This chapter is applicable to enlisted Soldiers on active duty for more than 30 days.
Separation under the authority of this chapter is not to be confused with separation under the provisions of AR 635200, chapter 5. The latter provides for involuntary separation within the first 6 months of entry onto active duty for failure to meet procurement fitness standards. If the time period exceeds 6 months or if the condition is disqualifying under AR 40501, chapter 3, a Soldier is entitled to evaluation by a PEB or may waive evaluation under this chapter.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicants record of service, his military records, the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. The applicants record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature. The DD Form 214 indicates the applicant was not available for signature. This document identifies the reason and characterization of the discharge and the presumption of government regularity shall prevail in the discharge process.

3. According to Army Regulation 635-5, subparagraph 5-5b provides, “Unless otherwise indicated, the Soldier will be issued DD Form 256A (Honorable Discharge Certificate).
DD Form 214 (Certificate of Release or Discharge from Active Duty) will be prepared in each case. If the Soldier is in entry level status at the time of processing, DD Form 214 may describe service as uncharacterized (see AR 635-200, chap 3).” Therefore, the Soldier was entitled to an HD, unless he was in entry level status. For entry level status to attach the initiation of separation must be before an RA Soldier has completed 180 days of credible continuous active duty or before an RC Soldier has completed 180 days of IADT or no more than 90 days of Phase II under a split or alternate training option. The Soldier’s enlistment contract and DD Form 214 indicated he was an RA Soldier; therefore, he exited entry level status upon completion of 180 days of continuous active duty. His DD 214 indicates he had completed 1 year, 8 months and 29 days of active duty at the time of his discharge. It is highly unlikely his separation was initiated prior to the completion of 180 days of active duty, which would have been almost 15 months before his separation. Therefore, it appears he should have received an honorable characterization of service.

4. Therefore, the characterization of service being improper, recommend the Board grant full relief by upgrading the applicants characterization to honorable. However, the reason for the discharge was fully supported by the record and remains both proper and equitable.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 25 February 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 4 No Change: 1
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: Honorable
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) AR20140003247

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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