Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000047763
Original file (2000047763.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): 890629

3. Authority for separation:

         a. Regulation: Chapter 4-24e(4), AR 635-40

          b. Reason: Physical Disability without Severance Pay
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: 890327
c. Age: 18 Years DOB: 701030
d. Educational level: 10 Years
e. Aptitude area score:
          GT: 107 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 3 Month(s) 3 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 applicant’s record is void of facts and circumstances concerning events that led to a discharge from the Army. The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was not authenticated by the applicant due to his unavailability to sign it. This document identifies the reason and characterization of the discharge as physical disability without severance pay, under the provisions of Chapter 4-24e (4), AR 635-40 with an uncharacterized discharge and a SPD Code of JFR. On 7 June 1989, Commander Perscom Alexandria, VA. /TAPC-Physical Disability Board directed immediate discharge of the applicant with a disability rating 10 percent. On 13 June 1989, Department of the Army Headquarters, US Army Medical Department Activity, Fort Knox, KY. Orders 91-3 discharged the applicant from the Regular Army.
         b. On 29 June 1989, the applicant was discharged. At the time of discharge, the applicant had 3 months and 3 days, service on his current 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 a physical disability. Chapter 4, provides for the separation of enlisted soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in line of duty and not due do to the soldier’s misconduct. Paragraph 4-24e(4) provides that soldiers not having sufficient time in service for retirement would be separated by reason of disability without severance pay. The characterization of service for soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the soldier is in an entry-level status. The service of soldiers in an entry-level status will be uncharacterized. 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 000920, 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 25 October 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 applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. The evidence of record shows that the applicant was discharged under the provisions of Chapter 4, AR 635-40, by reason of physical disability without severance pay, with an uncharacterized discharge. A soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry level status. A fully honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. The Board, being convinced that the reason for discharge and the characterization of service were 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       

                                 
MS. WADE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




EARNEST C. SMITH, JR.
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: 2000047763 INDEX NUMBERS: A9217
Date of Review: 001025 A0100
Character of Service: EL A9445
Date of Discharge: 890629
Authority: AR 635-200 C4
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    






Similar Decisions

  • ARMY | DRB | CY2003 | AR2003091224

    Original file (AR2003091224.doc) Auto-classification: Denied

    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. On 1 February 2002, the applicant was discharged. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B -...

  • ARMY | DRB | CY2004 | AR2004106190

    Original file (AR2004106190.doc) Auto-classification: Denied

    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. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, AR 635-40 by reason of disability, existed prior to service-medical board, with service uncharacterized. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • ARMY | DRB | CY2002 | 2002066104

    Original file (2002066104.TXT) Auto-classification: Denied

    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. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 011207. 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: 2002066104 INDEX NUMBERS: A0113 Date of...

  • ARMY | DRB | CY2000 | 2000040433

    Original file (2000040433.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000040433 INDEX NUMBERS: A9217 Date of Review: 000509...

  • ARMY | DRB | CY1999 | 1999034768

    Original file (1999034768.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Remarks: NONE SECTION B - Prior Service Data NONEOther discharge(s): ServiceFromToType Discharge PART IV - PREHEARING REVIEWSECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2004 | ar2004106392

    Original file (ar2004106392.doc) Auto-classification: Denied

    The separation authority approved the applicant’s request and directed that the applicant be discharged under the provisions of Chapter 5, AR 635- 40, by reason of disability, existed prior to service-medical board, with service uncharacterized. The Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable characterization of service. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and...

  • ARMY | DRB | CY2003 | AR2003093620

    Original file (AR2003093620.doc) Auto-classification: Denied

    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. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, AR 635-40 by reason of disability, existed prior to service-medical board, with service uncharacterized. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • ARMY | DRB | CY2001 | 2001052951

    Original file (2001052951.rtf) Auto-classification: Denied

    The applicant’s issue regarding 15-year retirement is not within the purview of the Army Discharge Review Board. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000040164

    Original file (2000040164.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The MEB recommended that the applicant should be separated under the provisions of Chapter 5, AR 635-40, by reason of a disability that existed prior to service. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000049664

    Original file (2000049664.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. 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 a physical disability. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant