PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Uncharacterized

2.  Date of discharge (or REFRAD):  890629

3.  Authority for separation:

	a.  Regulation:  Chapter 4-24e(4), AR 635-40

	b.  Reason:  Physical Disability without Severance Pay

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ASR                       
a.  Period entered for: 4 Years               
b.  Entry date: 890327                               
c.  Age: 18  Years   DOB: 701030                                                 
d.  Educational level: 10 Years                                                 
e.  Aptitude area score:
	    GT: 107                                3.  Highest grade achieved:
    f.  Length of Service:                         E1
         0 Year(s)  3 Month(s)  3 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE

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

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data
NONE

Other discharge(s):

	Service	From	To	Type Discharge

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

a. The applicant’s record is void of facts and circumstances concerning events that led to a discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was not authenticated by the applicant due to his unavailability to sign it.  This document identifies the reason and characterization of the discharge as physical disability without severance pay, under the provisions of Chapter 4-24e (4), AR 635-40 with an uncharacterized discharge and a SPD Code of JFR.  On 7 June 1989, Commander Perscom Alexandria, VA. /TAPC-Physical Disability Board directed immediate discharge of the applicant with a disability rating 10 percent.  On 13 June 1989, Department of the Army Headquarters, US Army Medical Department Activity, Fort Knox, KY. Orders 91-3 discharged the applicant from the Regular Army.

	b.  On 29 June 1989, the applicant was discharged.  At the time of discharge, the applicant had 3 months and 3 days, service on his current enlistment under review.  

2.  Legal/Regulatory Basis for Separation Action:  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.  Chapter 4, provides for the separation of enlisted soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the soldier’s misconduct.  Paragraph 4-24e(4) provides that soldiers not having sufficient time in service for retirement would be separated by reason of disability without severance pay.  The characterization of service for soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the soldier is in an entry-level status.  The service of soldiers in an entry-level status will be uncharacterized.  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.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 000920, with one (1) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 25 October 2000.

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

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 of this case report and directive.
	    (   )	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)  The issue is rejected.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process.  The evidence of record shows that the applicant was discharged under the provisions of Chapter 4, AR 635-40, by reason of physical disability without severance pay, with an uncharacterized discharge.  A soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry level status.  A fully honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.   The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

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:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MS. WADE
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

EARNEST C. SMITH, JR.    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AR Number:  2000047763                    INDEX NUMBERS:  A9217
Date of Review:  001025                                   A0100
Character of Service:  EL                                 A9445
Date of Discharge:  890629                                
Authority:  AR 635-200 C4                                 
Reason:  A2800                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. 	Mbr          X                 X       

    2. 	Mbr          X                 X       

    3. 	Mbr          X                 X       

    4. 	Mbr          X                 X       

    5. 	PO           X                 X