RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 February 2005
      DOCKET NUMBER:  AR2004104216


      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             |
|     |Mr. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |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 her DD Form 214 (Certificate of Release or
Discharge From Active Duty) be corrected to show her correct separation
date.

2.  The applicant states, in effect, that her DD Form 214 incorrectly shows
that she was separated on 2003/04/12.

3.  The applicant provides:

      a.  A copy of DD Form 214.

      b.  A copy of DD Form 2807-1 (Report of Medical History), dated
22 September 2001, for a pre-enlistment physical examination.

      c.  A copy of FJ Form 689 (Fort Jackson Sick Slip), dated 18 April
2003, showing that she was on active duty on that date.

      d.  A copy of DA Form 3947 (Medical Evaluation Board Proceedings),
dated 23 April 2003.

      e.  A copy of Form Letter #53 (Request for Separation and Waiver of
PEB [Physical Evaluation Board] Evaluation), dated 23 April 2003.

      f.  Copies of copy of FJ Forms 689, dated 24 and 30 April 2003.

      g.  A copy of a memorandum dated 29 April 2003 showing that she was
still on active duty.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the Army Board for Correction of Military Records
resolve any doubt in favor of the applicant.

2.  Counsel also requests that the applicant's discharge be upgraded to an
Honorable Discharge by reason of medical disability.

3.  Counsel states the applicant "acquired bilateral foot pain while
involved with recruit training."

4.  Counsel provides the documents stated above.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Delayed Entry/Enlistment Program (DEP) on
22 September 2001.  According to her enlistment contract, she was supposed
to enter on active duty for 3 years on 20 November 2001.  For reasons
unknown, she did not enter on active duty until 8 April 2003.

2.  The applicant's enlistment physical examination, dated 22 September
2001, noted "asymptomatic bunions both feet."

3.  Almost immediately upon reporting for active duty at Fort Jackson,
South Carolina, the applicant began experiencing medial problems related to
her feet.  On 23 April 2003, she underwent a Medical Evaluation Board (MEB)
which determined that she suffered from bilateral hallux valgus deformity
[bunions], a condition which existed prior to her enlistment.  The MEB
recommended that she be separated from the service under the provisions of
chapter 5, Army Regulation (AR) 635-40.  The applicant concurred with the
recommendation.

4.  Sick Slip documents dated as late as 30 April 2003 confirm that the
applicant was still on active duty and was being seen in the medical clinic
for various reasons.

5.  Documentation from Defense Finance and Accounting Service (DFAS) shows
that the applicant was separated on 12 May 2003.

6.  The applicant's DD Form 214 (Certificate of Release or Discharge From
Active Duty) shows that she entered on active duty on 2003/04/08 and was
discharged on 2003/04/12 under the provisions of chapter 5, AR 635-40 by
reason of "disability, existed prior to service-medical board."  Her
character of service was "uncharacterized."

7.  AR 635-40 (Physical Evaluation for Retention, Retirement, or
Separation) 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 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 states that the soldier will be given an Honorable
Discharge or a General Discharge Under Honorable Conditions unless the
soldier is in entry level status (less than 181 days of continuous active
military service) at the time of processing, in such case the DD Form 214
may describe service as uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 8 April 2003 through 12 May
2003.  Her DD Form 214 incorrectly reflects her separation date as 12 April
2003 and her net active service as 5 days.  Her DD Form 214 should be
corrected.

2.  The applicant's DD Form 214 correctly shows her character of service as
"uncharacterized" because she was not on active duty for more than 180
days).  It also correctly reflects the narrative reason as "disability,
existed prior to service-medical board."  There is no reason to change the
narrative reason for separation or the character of service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__wtm___  __jtm___  __wdp___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing that she was separated on 12 May 2003 and
that she had 1 month and 5 days of net active service.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
granting the applicant an Honorable Discharge by reason of physical
disability.



                                        Walter T. Morrison
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104216                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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