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ARMY | DRB | CY1999 | 1999024990

Original file (1999024990.rtf) Auto-classification: Denied

PART II - APPLICATION DATA

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

1. Character of Discharge: UNCHAR

2. Date of discharge (or REFRAD): 981208

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

         b. Reason: Failure to Meet Procurement Medical Fitness Standards

4. Prior review(s): NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.       Service data: 2. Awards and decorations:
                           NONE
a. Period entered for: 4 Years
b. Entry date: 980513
c. Age: 22 Years DOB: 751118
d. Educational level: GED
e. Aptitude area score:
         GT: NIF 3. Highest grade achieved:
f. Length of Service: E2
0 Years 6 Months 26 Days

4. Performance evaluations:
NONE

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
NONE

Other discharge(s):

         Service From      To        Type Discharge

PART IV - PREHEARING REVIEW

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

         a. The evidence of record contains a DA Form 4707, Entrance Physical Standards Board (EPSBD) Proceedings, dated 25 October 1998, which diagnosed the applicant with asthma, which in the opinion of the evaluating physicians existed prior to the applicant entering service. The EPSBD found that the applicant did not meet medical standards at the time of his enlistment and that he was medically unfit for enlistment. On 26 October 1998, the findings of the EPSBD were approved by competent medical authority. On 2 November 1998, the applicant, after being advised of his rights, elected to concur with the findings and recommendations of EPSBD, and he requested discharge from the Army without delay.

         b. On 8 December 1998, the applicant was discharged with an uncharacterized discharge. At the time of his discharge he had completed 6 months and 26 days of active military service.

         c. The applicant’s record shows that on 25 October 1998, after the applicant had completed only 163 days of active duty, the EPSBD diagnosed the applicant with asthma, determined that the condition existed prior to his entering service, and recommended he be separated because he failed to meet medical procurement standards at the time of his enlistment. On 26 October 1998, the EPSBD findings were approved by competent medical authority, and on 2 November 1998, the applicant concurred with findings and recommendations of the EPSBD and requested immediate discharge. At the time the applicant requested discharge he had only completed 171 days of active duty and was still in an entry level status. The evidence of record also contains a DD Form 214, authenticated by the applicant which documents the characterization of service as uncharacterized.

Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides 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. Army regulation state that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

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 990302, with two (2) 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 30 June 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: ( X ) Recharacterization ( ) 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) and (3) The issues are rejected. The Board noted the applicant’s contentions that, in effect, he was told he would get an honorable discharge; and that he spent almost 7 months in service and deserved an honorable discharge based on performance. After carefully examining the applicant’s record of service for the period of enlistment under review, the Board found the applicant’s discharge appropriate. The Board was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process. The evidence of record shows that the proceedings of the Enlistment Physical Standards Board (EPSBD) revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to his entry on active duty. Subsequently, these findings were approved by competent medical authority. The applicant agreed with these findings and the proposed action for administrative separation from the Army, prior to his completing 180 days of continuous active duty. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to and authenticated by the applicant at his discharge clearly shows his character of service as uncharacterized. This type of discharge simply means that the soldier was in an entry level status which is an initial probationary period of service. Soldiers who have served less than l80 days at the time separation action is initiated are given an uncharacterized discharge. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty when separation action was initiated. The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief.

(2) and (4) The issues are rejected. The Board noted the applicant’s contentions that, in effect, his discharge hinders his eligibility for veterans benefits; and that fellow veterans and employers do not view his discharge as honorable nor do they treat it as such. However, the Board concluded that these factors do not provide a basis for relief. The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities, and eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

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. ADRIANCE
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: 1999024990 INDEX NUMBERS: A9217
Date of Review: 990630 A9321
Character of Service: EL A9445
Date of Discharge: 980513 A0100
Authority: AR 635-200 C5
Reason: A0400
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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ARMY | DRB | CY1999 | 1999024990

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