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ARMY | DRB | CY1999 | 1999027442
Original file (1999027442.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): 930615

3. Authority for separation:

         a. Regulation: AR 135-178

          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: 8 Years
b. Entry date: 920506
c. Age: 17 Years DOB: 741011
d. Educational level: 11 Years
e. Aptitude area score:
          GT: 102 3. Highest grade achieved:
f. Length of Service: E3
1 Year(s) 1 Month(s) 10 Day(s)

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 show that the applicant enlisted into the Army Reserve on 6 May 1992 and accepted the Split Training Program and was ordered to his first phase of Initial Active Duty for Training (IADT) with a report date of 8 June 1992. He was given a health records screen on 8 June 1992 at Fort Benning, Georgia and found to have a vision impairment which was/is cause for rejection for enlistment into the Army. On 16 June 1992 an Entrance Physical Standards Board considered his case and found him to be medically unfit for military service. He received a permanent E-3 profile with the following limitations: No firing of military weapons; no driving of military vehicles; and no night duty. On 18 June 1992 the applicant concurred with the proceedings and requested that he be retained on active duty. On 19 June 1992 his unit commander and separation authority approved his request.
         b. On 14 August 1992 the applicant successfully completed Phase I of his Split Training and received an Active Duty Report in the form of a letter which was issued in place of a DA Form 220 as prescribed in AR 635-5, paragraph 2.13, a and d. A DD Form 214 would only be issued if the applicant completed advanced individual training (i.e., Phase II) at which time the Active Duty Report would also be destroyed.

         c. Upon completion of Phase I, the applicant reverted to Reserve status. On 16 October 1992 his unit commander, after reviewing the profile the applicant received on 16 June 1992, requested that he be given an eye examination by medical authorities. On 20 February 1993 the unit commander notified the applicant that he was proposing that he be eliminated for not meeting retention procurement standards due to medical reasons. The applicant acknowledged the notification and chose not to make a statement on his behalf.

         d. On 15 June 1993 the applicant was discharged from the Army Reserve by Orders 93-175-051,DA,HQ, US Army Reserve Command under the authority of AR 135-178. The type of discharge was Uncharacterized as the applicant remained in his Entry Level Status (ELS) as he had not served the minimum 90 days after starting Phase II. He was credited with 1 year, 1 month, and 10 days of service on the enlistment under review.

 2. Legal/Regulatory Basis for Separation Action : Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 5, prescribes the criteria and procedures for the separation of enlisted personnel while 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 990522, with one (1) 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, DC on 28 July 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 (2) The issues are rejected. The Board carefully examined the applicant's record of service during the period of enlistment under review. The Board noted that the applicant was appropriately discharged from the United States Army Reserve (USAR), while in an entry level status, under the provisions of AR 135-178, by reason of failure to meet procurement medical fitness standards, due to a medical condition that existed prior to his entrance into service. His service was appropriately uncharacterized. Certificates of Release or Discharge from Active Duty (i.e., DD Form 214's) are not issued to soldiers discharged from the Army Reserves. Furthermore, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill 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. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

(3) The issue is rejected. The Army Discharge Review Board cannot change the applicant’s reentry eligibility (also known as the reenlistment) (RE) code. To obtain a change in an RE code, the applicant should provide supporting documentation to justify any change and submit the request to the 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.

 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: 1999027442 INDEX NUMBERS: A9217
Date of Review: 990728 A9445
Character of Service: EL A0100
Date of Discharge: 930615
Authority: AR 635-200 C5
Reason: A2800
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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