CASE NO:  AD97-01511

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service):  UNCHAR

2.  Date of discharge (or REFRAD):  920916

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-200                                                                                                                                                                         

	b.  Reason:  Physical Disability Prior To Entry On Active Duty-Med Board

4.  Prior review(s):  ( X ) NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
      
a.  Period entered for:  6 Weeks               Type  
b.  Entry date:  920615                        NDSM           
c.  Age:  19 Years   DOB:  730208                              
d.  Educational level:  HS Grad                                  
e.  Aptitude area scores:              
	    GT:  97                                3.  Highest grade achieved:
    f.  Actual creditable service:  0 Years
        3 Months  2 Days                           Grade
                                                   E3                             

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

					 CASE NO:  AD97-01511

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:  ( X ) NONE
		                   
7.  Court-Martial data:  ( X ) NONE

8.	Remarks:  ( X ) NONE                                                                                                         

SECTION B - Other Service Data

1.  Other discharge(s):

	Service 		Type         
	ARNGUS		UNCHAR

	 CASE NO:  AD97-01511

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1.  Summary of facts and circumstances concerning discharge:

	920826:	Applicant was diagnosed with degenerative joint disease of the AC 		joint with considerable symptoms with military related activities.  		(Not incident to service). 
	920826:	The board recommended applicant be separated IAW AR 635-40, 			Chapter 5.
	920831:	Medical approving authority approved the findings and 				recommendations of the board.
	920831:	Applicant submitted an application for an Expeditious Discharge.
	920901:	Applicant was informed of the approved findings and recommendations 		of the board and did not submit a statement in his own behalf.
	920904:	Unit commander recommended approval.
	920904:	Intermediate commander recommended approval.
	920910:	Senior intermediate commander recommended applicant to be discharged 		under the provisions of Chapter 5, AR 635-40.
	920910:	Separation authority approved separation with an honorable 
		discharge.
	920916:	Applicant was released from active duty training and discharged from 		the reserve of the Army.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
	See Attached DD Form 293

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 970401.
	B-1:	DD Form 293, with one(1) enclosure as submitted by the applicant.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

1.  Review/Hearing information:  

	a.  Applicant testified:    ( X ) Yes   (   ) No

	b.  Witness(es) testified:  (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:   

    B-1:  Eleven(11) documents as submitted by the applicant.

				CASE NO:  AD97-01511

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:
	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

    b.  Request:  ( X ) Recharacterization    (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety: 	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the 			issue number(s) on the DD Form 293, or in Part VI, 				Paragraph 1 above.
  	
       (1)&(4)  The issues are rejected.  The Board found no evidence of arbitrary or capricious actions by the command.  The proceedings  of  the Enlistment Physical Standards Board (EPSBD) revealed that the applicant had a medical condition that was disqualifying for enlistment and that existed prior to entry on active duty.  Subsequently, these findings were approved by competent medical authority. The applicant apparently agreed with these findings and the proposed action for administrative separation from the Army.  The Board was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fullly protected throught the separation process.  Being convinced that the reason that the discharge and the characterization of service were both proper and equitable, the Board voted to deny relief. 

        (2)  The issue is rejected.  Although the Army Discharge Review Board cannot change the applicant’s reenlistment (RE) code, the Board strongly encourages the applicant to seek a change.  To obtain a change in an RE code, the applicant must provide supporting documentation, justifying a proposed change, and correspond directly with:  Commander, US Army PERSCOM, ATTN:  TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia 22331-0450.  To obtain a waiver for reenlistment, the applicant should contact a local Army recruiter for assistance.

        (3)  The issue is rejected.  The Board determined that award of an MOS was not relevant to the discharge proceedings.  The Board was further satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  A correction to your DD 214 for award of MOS 19K must be submitted via DD Form 149 to the Army Board for the Correction of Military Records.

3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

			 CASE NO:  AD97-01511

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .
	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                       
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5    
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				 CASE NO:  AD97-01511

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL MILLER                                                                    
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge	C - Other 
B - Material submitted by applicant    	

INDEX RECORD:  

AD9701511         970910    EL    920916    AR 635-200   C5   A2800   NC 5-0 A
1          10 11 12        18    20        26                41      46 49  52

                  A9200   A0100   A9321   A9447                               
                 53      58      63      68

			 CASE NO:  AD97-01511

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC WYRICK, JIMMY R.           Mbr           X                 X       

    2.  LTC SMITH, LILLIAN C.          Mbr           X                 X       

    3.  COL MELCHIOR, ROBERT J.        Mbr           X                 X       

    4.  COL MILLER, JOEL D.            Mbr           X                 X       

    5.  COL ALLEN, THOMAS J.           PO            X                 X