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ARMY | DRB | CY1999 | 1999015322
Original file (1999015322.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: HD

2. Date of discharge (or REFRAD): 980416

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason: Physical Condition, Not a Disability
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCOM
a. Period entered for: 6 Years GCMDL(4)
b. Entry date: 911019
c. Age: 32 Years DOB: 590619
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 112 3. Highest grade achieved:
f. Length of Service: E5
6 Year(s) 5 Month(s) 28 Day(s)

4. Performance evaluations:
See OMPF

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

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 830626 860627 HD
         RA 880429 911018 HD



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The evidence of record shows that on 18 February 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, physical condition, not a disability, with an honorable discharge. He was advised of his rights. The applicant acknowledged notification, was advised of the impact of the discharge action. The unit commander subsequently recommended approval of the discharge action and forwarded it through command channels to the separation authority. On undated, the separation authority directed that the applicant be discharged with an honorable discharge.

         b. On 16 April 1998, the applicant was discharged with an honorable discharge, under the provisions of Chapter 5, AR 635-200, by reason of physical condition, not a disability. He was credited with 6 years, 5 months, and 28 days active service on the enlistment under review and 12 years, 9 months and 19 days total time in service.

         c. A Report of Mental Status Evaluation, dated 12 February 1998, and signed by the Division Psychiatrist indicates the following: "This soldier has been evaluated at Division Mental Health from 26 January 1998 until 12 February 1998. The soldier is experiencing emotional difficulties sufficient enough to drastically interfere with his duty performance. Long term counseling with this soldier would not significantly change his duty performance. Recommend that he be expeditiously discharged under the provisions of Chapter 5-18, AR 635-200. The soldier does not meet the requirements for a MEB."

 2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-18 provides that a soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer that soldier for a medical examination and/or mental status evaluation in accordance with AR 40-501, and excluding conditions appropriate for separation processing under paragraphs 5-11 or 5-13.

SECTION B-APPLICANT’S SUBMISSIONS


 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 981201, with four (4) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, D.C . on 3 March 1999 .

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         b. Request: ( ) Recharacterization ( X ) Change of Reason
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 number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (1) The issue is rejected. The Army Discharge Review Board is not empowered to return former service members to active duty or to compensate for lost wages. The Board may only change the characterization or reason for discharge. If the applicant desires reinstatement and or compensation for lost wages, he should make application to the Army Board for Correction of Military Records, utilizing a DD Form l49, which is enclosed. Based on the evidence of record, the Board concluded that the applicant's discharge was appropriate. The Board noted that command made an assessment of the applicant's potential for becoming a fully satisfactory soldier and appropriately initiated discharge under the provisions of Chapter 5, Paragraph 5-18, AR 635-200. The applicant has provided no independent corroborating evidence demonstrating that the command's action was erroneous. The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.

 3. Response(s) to item(s) not addressed as decisional issue(s): NONE
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: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

 AR Number: 1999015322 INDEX NUMBERS: A0101
Date of Review: 990303 A9445
Character of Service: HD
Date of Discharge: 980416
Authority: AR 635-200 C5
Reason: A2810
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    





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