RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060004068


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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, in effect, that her uncharacterized discharged
be changed to show that she was separated by reason of physical disability.

2.  The applicant states, in effect, that she was discharged for a medical
condition which was still considered honorable service.

3.  The applicant provides a copy of her DD Form 214 (Certificate of
Release or Discharge from Active Duty) in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain a copy of her Report of Medical
Examination, dated 29 July 2005, which was prepared prior to her entrance
on active duty and shows that she was qualified for enlistment with a
311111 physical profile.

2.  The applicant's record shows she enlisted in the U.S. Army Reserve
(USAR) on 5 August 2005.  The applicant was scheduled to enter active duty
on 21 September 2005 and attend basic combat training and advanced
individual training at Fort Leonard Wood, Missouri, in military
occupational specialty (MOS), 31M, Military Police.

3.  All the documents containing the facts and circumstances surrounding
the applicant's release from active duty are not present in the available
records.  However, the applicant submitted a copy of her DD Form 214 which
shows that on 24 February 2006, she was discharged under the provisions of
Army Regulation 635-200, chapter 5, paragraph 5-11, for failed
medical/physical procurement standards, with her service characterized as
uncharacterized.  She had completed 5 months and 4 days of creditable
service.

4.  There is no evidence in the available records to show she was treated
or diagnosed with a medical condition.  Her medical records are unavailable
for review.

5.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel.  Chapter 5, paragraph 5-11 specifically provides
that Soldiers who were not medically qualified under procurement medical
fitness standards when accepted for enlistment, or who became medically
disqualified under these standards prior to entry on active duty, active
duty for training, or initial entry training will be separated.  A medical
proceeding, regardless of the date completed, must establish that a medical
condition was identified by appropriate medical authority within six months
of the Soldier’s initial entrance on active duty, that the condition would
have permanently or temporarily disqualified the Soldier for entry into the
military service had it been detected at the time, and the medical
condition does not disqualify the Soldier from retention in the service
under the provisions of Army Regulation 40-501, chapter 3.  The
characterization of service for Soldiers separated under this provision
will normally be honorable, but will be uncharacterized if the Soldier has
not completed more than 180 days of creditable continuous active duty prior
to the initiation of separation action.

6.  Army Regulation 635-40 establishes the Army physical disability
evaluation system and 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 office, grade, rank, or
rating.  It provides for medical evaluation boards, which are convened to
document a Soldier’s medical status and duty limitations insofar as duty is
affected by the Soldier’s status.  A decision is made as to the Soldier’s
medical qualifications for retention based on the criteria in AR 40-501,
chapter 3.  If the medical evaluation board determines the Soldier does not
meet retention standards, the board will recommend referral of the Soldier
to a physical evaluation board.

7.  Physical evaluation boards are established to evaluate all cases of
physical disability equitability for the Soldier and the Army.  It is a
fact finding board to investigate the nature, cause, degree of severity,
and probable permanency of the disability of Soldiers who are referred to
the board; to evaluate the physical condition of the Soldier against the
physical requirements of the Soldier’s particular office, grade, rank or
rating; to provide a full and fair hearing for the Soldier; and to make
findings and recommendation to establish eligibility of a Soldier to be
separated or retired because of physical disability.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that
the applicant's administrative separation was accomplished in compliance
with applicable regulations, with no procedural errors, which would tend to
jeopardize her rights.

2.  The applicant's record is void of facts and circumstances concerning
the events that led to her release from the Army prior to the expiration of
her term of service.



3.  The applicant alleges that she was discharged for a medical condition
which was still considered honorable service.  There is no evidence in the
available record to show that she was treated or diagnosed with a medical
condition that would still consider her service as honorable.  Her medical
records are unavailable for review.  Her DD Form 214 indicates that she was
discharged for failing to meet medical/physical procurement standards.

4.  The characterization of service is not dependent on whether the
applicant was diagnosed with a medical condition that would still consider
her service as honorable but based on whether she had completed 180 days or
more of continuous active duty service prior to her separation.  The
applicant had completed only 5 months and 4 days active duty service.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PM ___  __DRG__  __RSV__  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.





                                  ____Patrick H. McGann, Jr.____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060004068                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |20060224                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter  5-11               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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