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ARMY | DRB | CY1997 | 199701315
Original file (199701315.rtf) Auto-classification: Denied
                                    CASE NO: AD97-01315
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): UNCHAR

2. Date of discharge (or REFRAD): 951024

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason: Failure to Meet Procurement Medical Fitness Standards
4. Prior review(s): ( X ) NONE
5. Action requested: ( X ) Recharacterization ( ) Change of Reason


PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                           

a. Period entered for: 16 Weeks Type
b. Entry date: 951005                               NDSM
c. Age: 23 Years DOB: 720203
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 117 3. Highest grade achieved:
f. Actual creditable service: 0 Years
0 Months 20 Days Grade
E1

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-01315
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE

6. Nonjudicial punishment: ( X ) NONE
7. Court-Martial data: ( X ) NONE
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data


1. Other discharge(s):

         Service            Type
         USAR              NA

         CASE NO: AD97-01315
PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
         951013:  After careful consideration of medical records, laboratory findings,              and medical examination, 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 condition(s) existed prior               to service.
         951016:  Medical approving authority approved the findings of the board.
         951016:  Applicant was informed of the medical findings. Additionally, he                  understood that legal advice of an attorney employed by the Army was              available to him or that he may consult civilian counsel at his own               expense. He concurred with these proceedings and requested to be                  discharged from the US Army without delay.
         951017:  Unit commander recommended applicant be discharged.
         951019:  Separation authority approved separation with an entry level status               uncharacterized discharge.
         951024:  Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
          (1) “I was discharged from the Army Reserve because of a condition as known as ‘Fear without Argophobia’. At the time I was under a lot of pressure from back home.”
          (2) “I was unable to concentrate on Basic Training because my grandfather was very ill. A month after I returned home he unfortunately passed away.”
         (3) “I was told that I had to wait two year to reenlist. I would greatly appreciate it if my discharge is upgraded to an a R1 so I can rejoin the military.”
         (4) “If needed I will appear before a board in person if I have to. I also have been both medically and mentally cleared by 2 physician to reenlist into the service.”

 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 970305.



PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits


         a. Applicant testified: ( ) Yes ( X ) No

        
         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-01315
PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : That his uncharacterized discharge be changed to a general discharge and his reenlistment eligibility (RE) code be changed from RE 3 to RE 1.

2. APPLICANT CONTENDS : That he was discharged from the U.S. Army Reserve for a condition known as fear without Agoraphobia. He also states that he was unable to concentrate on basic training because he was under a lot of stress from home and his grandfather was very ill. He states that he was told that he would have to wait two years before he could reenlist, but wants his RE code changes so that he can rejoin the military. He claims that he has been medically and mentally cleared by two physicians to reenlist.
3. COUNSEL CONTENDS : The applicant is not currently represented by counsel.

4. SUMMARY OF SERVICE :

The applicant completed high school and at age 23 enlisted in the Army Reserve to be a military policeman. He reported to basic training at Fort McClellan, Alabama on 5 October 1995.

On 13 October 1995 the applicant appeared before an Entrance Physical Standards Board (EPSB) and was diagnosed with panic disorder without Agoraphobia (a feeling of fear at the thought of being alone in a large open space). He was found fit for retention, but was found not to meet entrance standards. The ESPB recommended that the applicant be separated from active duty under the provisions of Army Regulation 635-200, paragraph 5-11 for a condition noted within the first 180 days of active duty or IADT and a condition which existed prior to service and was not service aggravated. The applicant concurred with the proceedings and requested discharge from the Army without delay.

On 19 October 1995 the separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards. The separation authority also directed that the service member receive an entry level separation with uncharacterized service. The applicant was separated on 24 October 1995.

5. LEGAL/REGULATORY BASIS FOR SEPARATION :
Army Regulation 635-200 sets for the basic authority for the separation of enlisted personnel. 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 or active duty 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 that 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 of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry level status.
6. ISSUES OF PROPRIETY : The applicant presented no issues of propriety.

7. ISSUES OF EQUITY : The applicant presents four issues of equity.

The first issue is that he was discharged because of a medical condition (fear without Agoraphobia) and because he was under a lot of stress from home. The diagnoses of the EPSB confirm that the applicant suffered from panic disorder without Agoraphobia which existed prior to his entry on active duty. Evidence of
                                                                                 CASE NO: AD97-01315

record shows that he concurred with the recommendations of the board and requested discharge without delay. There is no evidence of record substantiating the applicant’s personal problems at home.

The second issue is that he was unable to concentrate on basic training because his grandfather was very ill and that his grandfather died a month after the applicant returned home.

 The third issue is that he has an RE code 3 and wants to reenter military service. He requests that his RE code be changed to RE 1 so that he can rejoin the service. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

The fourth issue is that the applicant states that he has been cleared medically and mentally by two physicians to reenlist in the service. The applicant has presented no evidence that he is currently physically and mentally fit for service.

8. POSSIBLE BOARD ISSUES : There are no additional issues presented to the Board.

                                    CASE NO: AD97-01315
PART VI - ISSUES AND FINDINGS

1. Applicant's issue(s) of propriety and/or equity:
          ( X )   Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
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 numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1) This issue is rejected. The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the Board noted from the evidence of record that the applicant received an uncharacterized separation while in an entry level status (ELS). The separation authority approved the applicant's discharge as entry level status, with the description of service as uncharacterized. A soldier is in entry level status for the first 180 days of continuous active duty. While in entry level status, a general discharge is not authorized and an honorable discharge is rarely ever granted for an entry level separation. The Secretary of the Army, on a case- by- case basis, may determine that a characterization of service as honorable is clearly warranted by unusual circumstances involving personal conduct and performance of duty. The Board determined that the applicant's service did not warrant a determination by the Secretary of the Army nor an honorable discharge. Accordingly, the Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.
(2) This issue is rejected. Although the Board is empathetic with the applicant’s situation regarding his grandfather’s illness at the time, the Board determined that this circumstance alone did not warrant relief.
(3) This issue is rejected. The Army Discharge Review Board cannot change your reenlistment code. To obtain a change in an RE code, the applicant should send a letter with supporting documentation directly to: Commander, US Army PERSCOM, ATTN: TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia 22331-0450. To obtain a waiver for reenlistment, the applicant should contact a local Army recruiter for assistance.
(4) This issue is rejected. The applicant’s fitness for service will be determined by competent medical authority at the time of his enlistment processing.

 3. Response to item(s) not addressed as decisional issue(s):

                           CASE NO: AD97-01315
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: SFMR-RBR-ST
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-01315
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified.      

___________________________________      
MR. SHAW
Case Analyst and Reviewing Official     

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9701315 971001 EL 951024 AR 635-200 C5 A2800 NC 5-0 A 1 10 11 12 18 20 26 41 46 49 52

A9323 A9307
 53 58

REMARKS
Case Management Data

( ) Notify inquiries clerk. Response to other correspondence required upon completion of case.

( ) Escalated mode of hearing. Applicant is entitled to another review only if he/she/authorized representative appears before a hearing panel. If there is no response to notification letter or applicant/representative fails to appear for the hearing, the case will be returned to the Army Reserve Personnel Center (ARPERCEN) without action.

( ) DD Form 149 in file. Send case to ABCMR.

                           CASE NO: AD97-01315
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC SMITH, LILLIAN Mbr      X          X    

2. COL JACKSON, MICHAEL Mbr      X          X    

3. COL ALLEN, THOMAS Mbr      X          X    

4. COL MELCHIOR, ROBERT Mbr      X          X    

5. COL MATHEWS, WILLIAM PO      X          X    





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