RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060007445


      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. John T. Meixell               |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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
and that she be awarded the National Defense Service Medal (NDSM).

2.  The applicant states, in effect, that her DD Form 214 (Certificate of
Release or Discharge from Active Duty) should show that she was discharged
by reason of physical disability and that she was awarded the NDSM.

3.  The applicant provides a copy of her DD Form 214 in support of her
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain a copy of a DA Form 2808 (Report of
Medical Examination), dated 6 August 2003, which was prepared prior to her
entrance on active duty and shows that she was qualified for enlistment
with a 111111 physical profile.

2.  The applicant's record shows she enlisted in the U.S. Army Reserve
(USAR) on 6 August 2003, for 8 years.  The applicant was scheduled to
attend basic combat training (BCT) at Fort Jackson, South Carolina, and
advanced individual training (AIT) at Fort Gordon, Georgia, in military
occupational specialty (MOS), 31U, Signal Support Systems Specialist. 

3.  She was ordered to initial active duty for training (IADT) on 21
September 2004, for 16 weeks to complete BCT and AIT at Fort Jackson, South
Carolina, in the MOS 42L, Administrative Specialist.  She was ordered to
IADT under Title 10, United States (US) Code 672.

4.  The applicant's records contain a copy of a DA Form 2173 (Statement of
Medical Examination and Duty Status), dated 1 February 2005.  It states
that the applicant was treated in an outpatient status on 13 October 2004
at the Moncrief Army Community Hospital, at Fort Jackson.  She was examined
and was found to have tendonitis due to overuse of both knees.  Further
examination determined that on 10 October 2004 she had injured both knees
during strenuous physical training while attending BCT.





5.  All the documents containing the facts and circumstances surrounding
the applicant's discharge are not present in the available records.
However, the applicant submitted a copy of her DD Form 214 which shows that
on 15 February 2005, she was discharged under the provisions of Army
Regulation 635-200, chapter 5, paragraph 5-17, for a physical condition,
not a disability.  She was discharged with her service as uncharacterized.
On the day of her discharge, she had completed 4 months and 25 days of
creditable service.

6.  Her medical records are unavailable for review.

7.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel.  Chapter 5 covers separation for convenience of the
government.  Paragraph 5-1 states that unless the reason for separation
required a specific characterization, a Soldier being separated for the
convenience of the Government will normally be characterized as honorable,
under honorable conditions, or an uncharacterized description if in an
entry-level status. 

8.  Paragraph 5-17, of the same regulation pertains to other designated
physical or mental conditions.  It states that commanders may approve
separation under this paragraph on the basis of other physical or mental
conditions not amounting to disability (Army Regulation 635-40) and
excluding conditions appropriate for separation processing under paragraph
5-11 or 5-13 that potentially interfere with assignment to or performance
of duty.  Such conditions may include, but are not limited to:  (1) chronic
airsickness; (2) chronic seasickness; (3) enuresis; (4) sleepwalking; (5)
dyslexia; (6) severe nightmares; (7) claustrophobia; and
(8) other disorders manifesting disturbances of perception, thinking,
emotional control or behavior sufficiently severe that the Soldier's
ability to effectively perform military duties is significantly impaired.

9.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined. 

10.  The same regulation states, in pertinent part, that the NDSM may be
awarded to any member of the National Guard or U.S. Army Reserve who is
ordered to Federal active duty regardless of the duration.




DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, the Board presumes
Government regularity and believes 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 discharge from the Army prior to the expiration
of her term of service.

3.  Her medical records are unavailable for review.  Her DD Form 214
indicates that she was discharged under the provisions of Army Regulation
635-200, chapter 5, paragraph 5-17, for a physical condition, not a
disability.

4.  The applicant contends that her uncharacterized discharged should be
changed to show that she was discharged by reason of physical disability;
however, the evidence shows that she was discharged for a physical
condition, not a disability.  There is no evidence, and the applicant has
provided none, to show or support such a change.

5.  The evidence shows the applicant, a USAR Soldier who was ordered to
active duty under Title 10 was eligible for award of the NDSM; but, is not
qualified for this award since she was discharged and provided a DD Form
214 with her service characterized as, "uncharacterized."  To be fully
qualified for this award, her service would necessarily have been required
to be characterized as, "honorable," per Army Regulation 600-8-22.

6.  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

___J____  __SP____  __DJP __  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.




                                  ____John T. Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007445                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050215                                |
|DISCHARGE AUTHORITY     |AR .140-10                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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