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):  890714

3.  Authority for separation:

	a.  Regulation:  Chapter 4, AR 635-40

	b.  Reason:  Physical Disability with 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:
			                          NONE                       
a.  Period entered for:  4  Years             
b.  Entry date:  890216                       
c.  Age:  18  Years   DOB:  700806                                        
d.  Educational level:  HS Grad                                           
e.  Aptitude area score:
	    GT:  99                                3.  Highest grade achieved:
    f.  Length of Service:                         E1
          0  Year(s)  4  Month(s)  29  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 27 April 1989, 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 6 June 1989, 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 13 June 1989, 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.  PERSCOM Order dated 23 June 1989 approved the applicant’s discharge under the provisions of AR 635-40, Paragraph 4-24B(4), by reason of physical disability with severance pay.  

	b.  On 14 July 1989, the applicant was discharged.  At the time of discharge, the applicant had completed 4 months, and 29 days of active military service in the period 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 4-24b(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 011207, with six (6) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE
	C-1:  DD Form 149, dated 011207.


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 20 February 2002.

	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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1), (2), and (3)  The issues are rejected.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  The evidence of record shows that the applicant was separated because he was found 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 (i.e., a brief reactive psychosis).  This diagnosis formed the basis for the applicant’s discharge from the Army; a condition which imposed a permanent profile which precluded adequate performance of normal duties associated with his office, grade, rank, or rating.  Army Regulation 635-40, Paragraph 4-24b(3) provides that, soldiers found unfit by a PEB and not having sufficient time in service for retirement, would be separated by reason of disability with severance pay.  However, since the applicant had less than 6 months active service, he was not entitled to severance pay, and he was referred to the Department of Veterans Affairs for benefits.  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.  Since the soldier was in entry-level status his service was uncharacterized.  The Board, being convinced that the reason for discharge and the characterization of service 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	

                          	
Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:


GERARD W. SCHWARTZ
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:  2002066104                    INDEX NUMBERS:  A0113
Date of Review:  020220                                   A9217
Character of Service:  EL                                 A9500
Date of Discharge:  890714                                
Authority:  AR 635-40 C4                      
Reason:  A3100                                            
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