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ARMY | DRB | CY1999 | 1999027046
Original file (1999027046.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): 900319

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason: Medical Physical Disability Prior to Entry on Active Duty
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: 891128
c. Age: 19 Years DOB: 700424
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 87 3. Highest grade achieved:
f. Length of Service: E1
0 Years 3 Months 22 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 shows that on 28 February 1990, after consideration of Clinical records, laboratory findings, and physical examination, a Medical Evaluation Board (MEB) found that the applicant was medically unfit for duty as a result of a medical condition that existed prior to his entering service, and recommended that he be expeditiously discharged. Also on 28 February 1990, the applicant concurred with the findings and recommendations of the MEB and requested discharge. On 6 March 1990, the findings and recommendations of the MEB were approved by competent medical authority. On
7 March 1990, the applicant concurred with the findings and recommendations of the MEB. The unit and intermediate commanders reviewed the proposed discharge action and recommended approval. On 13 March 1990, the separation authority directed that the applicant be discharged with an entry level status-uncharacterized discharge, under the provisions of Chapter 5,
AR 635-40.

         b. On 19 March 1990, the applicant was separated due to medical physical disability which existed prior to entry on active duty. At the time of his discharge he had completed 3 months, and 22 days of active military service.

         c. The applicant’s record shows that he completed just 3 months and 22 days of service, and never advanced beyond the rank of prviate/E-1. There are no documented acts of valor, significant achievement, or service warranting special recognition contained in the record. The applicant underwent an evaluation by a Medical Evaluation Board where he was diagnosed with a bipolar disorder-manic. The MEB determined that this medical condition existed prior to the applicant entering service and recommended he be discharged. The findings and recommendations of the MEB were approved by competent medical authority and concurred with by the applicant who requested discharge. The chain of command recommended approval of the applicant’s discharge and the separation authority approved the discharge and directed an uncharacterized discharge based on the applicant being in an entry level status.

 2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-40 provides guidance and policies for physical evaluation for retention, retirement and separation. Chapter 5 provides for separation of personnel due to conditions that existed prior to enlistment, were not aggravated by the period of service and for which the individual waived evaluation by a PEB. 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 990522.
         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) The issue is rejected. The Board noted the applicant’s contention that, in effect, he would like his discharge upgraded in order to gain employment with a state agency. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. The Board found no evidence of arbitrary or capricious actions by the command. The proceedings of the Medical Evaluation Board (MEB) revealed that the applicant had a medical condition that was disqualifying for enlistment and that it existed prior to 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. The Board was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. The applicant was separated with an uncharacterized discharge. This type of discharge simply means that he was in an entry level status, an initial probationary period of service. Any individual who has served for less than l80 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be 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. The Board, being convinced that the characterization of service and the reason for discharge were 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: 1999027046 INDEX NUMBERS: A9217
Date of Review: 990630 A9445
Character of Service: EL A0100
Date of Discharge: 900319
Authority: AR 635-40 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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