Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000049664
Original file (2000049664.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): 981228

3. Authority for separation:

         a. Regulation: Chapter 4, AR 635-40

          b. Reason: Disability, 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: 5 Years
b. Entry date: 980805
c. Age: 30 Years DOB: 671120
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 100 3. Highest grade achieved:
f. Length of Service: E3
0 Year(s) 4 Month(s) 24 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 November 1998, a Medical Evaluation Board diagnosed the applicant with a medical condition that made him unfit to perform his military duties and referred him to a Physical Evaluation Board (PEB). On 19 November 1998, a PEB determined that the applicant was physically unfit to perform his military duties due to a condition that occurred in line of duty and was not due to his own misconduct. The PEB recommended separation with severance pay. On 19 November 1998, having been informed of the findings and recommendations of the PEB, the applicant concurred with the PEB’s findings and recommendations and waived a formal hearing of his case. Department of the Army, HQ, US Army Armor Center and Fort Knox, KY; Orders 356-0151 discharged the applicant from the Regular Army under the provisions of AR 635-40, Paragraph 4-24B(3), by reason of physical disability with severance pay.
         b. On 28 December 1998, the applicant was discharged after completing 4 months, and 24 days, of active military service with issue of an uncharacterized discharge.

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 4-24b(3) provides that soldiers not having sufficient time in service for retirement would be separated by reason of disability with 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 001106, with fifteen (15) 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 7 February 2001 .

         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 ( 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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.
3. Response(s) to item(s) not addressed as decisional issue(s):

The Board carefully considered the applicant’s documentation accompanying his application. However, the applicant provided no issues, which would provide the Board a basis upon which to grant the relief requested. Further, the rating action by the VA does not necessarily demonstrate any error or injustice in the Army rating. The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit. Any rating action by the VA does not compel the Army to modify its rating.

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:


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: 2000049664 INDEX NUMBERS: A0101
Date of Review: 010207 A0113
Character of Service: EL A9500
Date of Discharge: 981228
Authority: AR 635-40 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 | 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 | 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 | CY2003 | AR2003099352

    Original file (AR2003099352.doc) Auto-classification: Denied

    Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge USAR 971124 980114 NA (continuous service) PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • ARMY | DRB | CY2004 | AR2004101291

    Original file (AR2004101291.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. Accordingly, the Board determined that the applicant was properly discharged under the provisions of Chapter 4, Paragraph 4-24B(3), AR 635- 40, by reason of disability, severance pay with a characterization of service of honorable. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification...

  • ARMY | DRB | CY2003 | AR2003093611

    Original file (AR2003093611.doc) Auto-classification: Approved

    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 Board determined that the applicant’s reason for discharge was both proper and equitable, and voted not to change it. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S. Army Chief,...

  • ARMY | DRB | CY2003 | 2003089382

    Original file (2003089382.rtf) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 4, AR 635-40 by reason of disability, severance pay, with a characterization of service of honorable. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army...

  • ARMY | DRB | CY2004 | AR2004101153

    Original file (AR2004101153.doc) Auto-classification: Approved

    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 Board determined that the applicant’s reason for discharge was both proper and equitable, and voted not to change it. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S. Army Chief,...

  • 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 | 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 | 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...