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ARMY | DRB | CY1999 | AR1999024737
Original file (AR1999024737.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): 970919

3. Authority for separation:

         a. Regulation: Paragraph 5-11, AR 635-200

          b. Reason: Not Listed on DD Form 214 (By regulation: 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:
                            ASR
a. Period entered for: 2 Years 29 Wks
b. Entry date: 970128
c. Age: 19 Years DOB: 770824
d. Educational level: HS Grad
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E1
0 Years 7 Months 20 Days

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 970917-970918;

         Mil conf 0

         Civil conf 0

         Other 0


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
         USAR     961125   970127   NA
         (Concurrent Svc)



PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that the applicant’s unit commander initiated separation action, under the provisions of Paragraph 5-11, AR 635-200 for failure to meet medical procurement fitness standards. The separation was based on the applicant’s being diagnosed by competent medical authority with a disabling medical condition that existed prior to his entering active duty. The record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which documents the authority for separation as Paragraph 5-11, AR 635-200; and the characterization of service as honorable. While not listed on the DD Form 214, the narrative reason for separation, based on the authority for separation, would have been failure to meet procurement medical fitness standards.

         b. The DD Form 214 also documents that the applicant was released from active duty with an honorable characterization of service, effective 19 September 1997, after completing 7 months and 20 days of active military service.

          c. The available records do not contain all the specific facts and circumstances surrounding the events which led to the applicant’s release from active duty. However, based on documents contained in the available records and the authority for separation contained on the DD Form 214, Paragraph 5-11,
AR 635-200, the applicant was separated based on not meeting procurement medical fitness standards. Procedurally, this separation would have required that a medical determination be made that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, the medical findings would have been approved by competent medical authority, and the applicant would have had to agree with these findings, and with the proposed action for administrative separation from the Army.

2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 provides that soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within six months of the soldier’s initial entrance on active duty, and that the condition would have permanently or temporarily disqualified the soldier for entry into military service. Soldiers separated under these provisions of the regulation will be awarded an honorable, under honorable conditions, or uncharacterized description of service if in an entry level status.
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 981018.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 990130.

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:
         ( ) Records review ( X ) Hearing

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

         c. Review/hearing location and date: Washington D.C. on 28 June 1999.

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

          e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( X ) Yes ( ) No
        
2. Exhibit(s) submitted at hearing: Four (4) additional documents.

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) thru (21) The issues are rejected. The available records do not contain all the specific facts and circumstances concerning events that led to the applicant’s release from active duty. However, the applicant’s record does show that the applicant was diagnosed with a disqualifying medical condition which existed prior to his entering active duty. The evidence of record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which documents the characterization of service and the reason for separation. The applicant was separated under the provisions of Paragraph
5-11, AR 635-200, by reason of not meeting procurement medical fitness standards. Procedurally, this separation would have required a medical finding that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, the medical findings would have been approved by competent medical authority, and the applicant would have had to agree with these findings, and with the proposed action for his administrative separation from the Army. The Board, being convinced that the reason for the 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. 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: 1999024737 INDEX NUMBERS: A9217
Date of Review: 990628 A9321
Character of Service: HD A9313
Date of Discharge: 970919 A9315
Authority: AR 635-200 C5 A9405
Reason: A0400 A9411
Results of Board Action/ A9455
Vote/Affirmation: NC 5-0 A A0100













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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