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ARMY | DRB | CY2000 | 2000035747

Original file (2000035747.rtf) Auto-classification: Denied

PART II - APPLICATION DATA

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

1. Character of Discharge: Uncharacterized

2. Date of discharge (or REFRAD): 960326

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-40

         b. Reason: Disability, Existed Prior to Service-Medical Board

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: 4 Years
b. Entry date: 951005
c. Age: 18 Years DOB: 770523
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 104 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 5 Month(s) 22 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 shows that on 16 and 18 January 1996, the applicant was evaluated by a doctor of podiatry medicine from the US Army Medical Department Activity, Fort Lee, Virginia, who recommended that a Medical Evaluation Board evaluate her. The Medical Evaluation Board formally met and after careful consideration of medical records, laboratory findings, and medical examination, the Medical Evaluation Board found that the applicant was medically unfit. The Medical Evaluation Board recommended discharge under the provisions of Chapter 5, AR 635-40, for a medical condition that existed prior to service. Competent medical authority approved the findings and recommendations of the board. The applicant was informed of the approved findings and recommendation of the board. The applicant requested discharge from the service for physical disability based upon the findings and recommendation of the Medical Evaluation Board and waived consideration of her case by a Physical Evaluation Board. On 21 March 1996, the separation authority directed that the applicant be released from active duty with an uncharacterized discharge.

         b. On 26 March 1996, the applicant was discharged. She was credited with
5 months and 22 days of active service on the enlistment under review.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. Chapter 5 specifically provides for non-service aggravated EPTS conditions when soldier requests waiver of PEB evaluation. The characterization of service for soldiers separated under this provision of regulation will be honorable or general, 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 991008, 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 16 February 2000

         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 carefully examined the applicant’s record of service during the period of enlistment under review. The Board noted that the applicant was separated with an uncharacterized discharge while in an entry-level status. The evidence of record shows the Medical Evaluation Board met and found the applicant unqualified for retention in military service due to a physical disability that existed prior to entry into active service. The applicant’s character of service was described as uncharacterized based upon her entry-level status (less than l80 days) at the time of initiation of the separation action. The 180 days starts with entry on active duty and ends with the commander’s initiation of separation action. An honorable discharge is rarely ever granted for entry-level status. A fully honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving exceptional personal conduct and/or performance of duty. The Board determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge. 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


MRS. WADE
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: 2000035747 INDEX NUMBERS: A9321
Date of Review: 000216 A0100
Character of Service: EL A9201
Date of Discharge: 960326
Authority: AR 635-40 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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ARMY | DRB | CY2000 | 2000035747

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