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ARMY | BCMR | CY2004 | 2004101343C070208
Original file (2004101343C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 September 2004
      DOCKET NUMBER:   AR2004101343


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. Linda D. Simmons              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item number 23 on his Certificate of
Release or Discharge (DD Form 214) be corrected to show his type of
separation as medical and that item number 24 be corrected to show his
character of service as honorable.

2.  The applicant states that Army Regulation 635-40, chapter 5 was
explained to him to be an honorable medical discharge entitling him to
veterans benefits after his discharge.  He states, in effect, that the
current information contained in his DD Form 214 was explained to him to be
in error.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 23 April 1999, he enlisted in the United States Army Reserve (USAR)
for 8 years in the pay grade of E-3.  He enlisted in the Regular Army on
20 August 2003.

2.  The facts and circumstances pertaining to the applicant's discharge are
not on file.  His DD Form 214 indicates that he was discharged on 5
November 2003, under the provisions of Army Regulation 635-40, chapter 5,
by reason of a disability that existed prior to service.  He had completed
2 months and 16 days of net active service for this period and his DD Form
214 shows his character of service as uncharacterized.

3.  Army Regulation 635-40 establishes the Army Physical Disability
Evaluation System according to the provisions of chapter 61, title 10,
United States Code (10 USC 61) and Department of Defense Directive (DODD
1332.18).  It sets forth policies, responsibilities, and procedures that
apply in determining whether a soldier is unfit because of physical
disability to reasonably perform the duties of his or her office, grade,
rank, or rating.  If a soldier is found unfit because of physical
disability, this regulation provides for disposition of the soldier
according to applicable laws and regulations.  Chapter 5 of this regulation
provide for the separation for non-service aggravated, existed prior to
service conditions upon Soldier’s waiver of a Physical Evaluation Board
evaluation.  It states, in pertinent part that, unless otherwise indicated,
the Soldiers separated under this chapter




will be discharged honorably or under honorable conditions.  The DD Form
214 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.

4.  The Department of Defense established the Uncharacterized Entry Level
Separation on 1 October 1982.  Entry level status is defined as the first
180 days of continuous active duty or active duty for training.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

2.  The available evidence shows that the type of separation that he
received was a discharge and that the character of his service was
uncharacterized based on the fact that he was in an entry level status.

3.  It appears that the applicant was discharged under the provisions of
Army Regulation 635-40, chapter 5, for non-service aggravated conditions
that existed prior to entry in service.  He has provided no evidence to
substantiate his contention that the information contained on his DD Form
214 is incorrect and there are no provisions whereupon a type of separation
can be reflected as medical.

4.  In the absence of evidence to the contrary, it must be presumed that
the information on his DD Form 214 is correct as currently reflected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jev___  __jea___  __lds___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                 James E. Vick
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101343                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040909                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |20031105D                               |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |995/PHYSICAL DISABILITY                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  998  |145.0300.0000/PRIOR NOT AGGRAVATED      |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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