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):  001201

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-200

	b.  Reason:  Failure to Meet Procurement Medical Fitness Standards

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NONE                       
a.  Period entered for:  4  Years               
b.  Entry date:  001003                         
c.  Age:  32  Years   DOB:  680905                                        
d.  Educational level:  14  Years                                         
e.  Aptitude area score:
	    GT:  NIF                               3.  Highest grade achieved:
    f.  Length of Service:                         E3
          0  Year(s)  1  Month(s)  29  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.  Evidence of record shows that on 30 November 2000, DA, HQ, U.S. Army Training Center and Fort Jackson, South Carolina, Orders 335-1208 discharged the applicant from the Regular Army, effective date 1 December 2000.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, AR 635-200 by reason of failure to meet procurement medical fitness standards, with a characterization of service of uncharacterized.  The specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.  

	b.  On 1 December 2000, the applicant was discharged.  At the time of discharge, the applicant had completed 1 month, and 29 days of active military service.

2.  Legal/Regulatory Basis for Separation Action:  The evidence of record shows that on 4 October 1989, after careful consideration of medical records, laboratory findings, and medical examinations, the Entrance Physical Standards Board (EPSBD) found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the conditions(s) existed prior to service.  On 6 October 1989, medical approving authority approved the findings of the Entrance Physical Standards Board (EPSBD).  On 6 October 1989, the applicant was informed of the Entrance Physical Standards Board findings.  The applicant concurred with the medical proceedings, and requested to be discharged from the US Army.  The unit commander recommended approval.  On 11 October 1989, the separation authority approved the applicant’s separation with an uncharacterized discharge.

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 030107.
	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 2 July 2003.

	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 applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  The Board noted the applicant’s contention; however, the applicant has provided no independent corroborating evidence in support of her contention.  The applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  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 the applicant was discharged under the provisions of Chapter 5, Paragraph 5-11, AR 635-200, for failure to meet procurement medical fitness standards with service uncharacterized.  In connection with such a discharge, the proceedings of an Enlistment Physical Standards Board (EPSBD) would have revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, competent medical authority would have had to approve the findings of the EPSBD.  The applicant would have had to agree with the findings and the proposed action for administrative separation from the Army.  Further, a soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldier’s service will be uncharacterized when the soldiers’ separation is initiated while the soldier is in entry-level status.  A fully 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 Board determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge.  The Board was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process.  The Board, being convinced that the reason for the 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	

MR. RIVERA                     
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

JOHN F. LONG    
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:  2003084436                    INDEX NUMBERS:  A9321
Date of Review:  030702                                   A9217
Character of Service:  EL                                 A0143
Date of Discharge:  001201                                
Authority:  AR 635-200 C5                                 
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. 	Mbr          X                 X