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):  010928

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-200

	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:  4  Years               
b.  Entry date:  010201                         
c.  Age:  20  Years   DOB:  810425                                        
d.  Educational level:  HS Grad                                           
e.  Aptitude area score:
	    GT:  127                               3.  Highest grade achieved:
    f.  Length of Service:                         E2
          0  Year(s)  7  Month(s)  28  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 31 July 2001, after careful consideration of medical records, laboratory findings, and medical examinations, the Entrance Physical Standards Board (EPSBD) board found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the conditions(s) existed prior to service.  On 1 August 2001, medical approving authority approved the findings of the Entrance Physical Standards Board (EPSBD).  DA, HQ, United States Army Signal Center and Fort Gordon, Georgia, Orders 267-0903, discharged the applicant from the Regular Army effective date 28 September 2001.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, AR 635-200 by reason of failure to meet procurement medical fitness standards, with a characterization of service of uncharacterized.

	b.  On 28 September 2001, the applicant was discharged.  At the time of discharge, the applicant had completed 7 months, and 28 days of active military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for soldiers separated under this provision of regulation will normally be honorable, 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 020816, with six (6) 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 11 December 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:
	    ( X )	Additional issue(s) identified during review/hearing as follows:

        Board Issue:  (2)  The characterization of service was inequitable.

	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.

        (2)  The issue is accepted.  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 under the provisions of Chapter 5, Paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards.  He was separated after completing
7 months and 28 days of continuous active service.  Regulations specify that an individual’s service will be characterized after completing 180 days of continuous active service.  Given the foregoing, the Board determined that the characterization of service was inequitable.  Accordingly, the Board voted to change the characterization of service to honorable.  The Board was satisfied that the reason for discharge was proper and equitable and voted not to change it.

        (1)  See Paragraph 3, below.  

3.  Response(s) to item(s) not addressed as decisional issue(s):  

     Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.  

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                      .

	(   )	Equitable.
	( X )	Inequitable as to characterization.  Change characterization to Honorable.
	(   )	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       5         0   

	  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

TO: ARBA Support Division-St Louis      Date:  13 December 2002       

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

           ( X )	Change characterization of discharge to Honorable.

SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




JOHN F. LONG    
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:  2002078266                    INDEX NUMBERS:  A2904
Date of Review:  021211                                   A0113
Character of Service:  EL                                 
Date of Discharge:  010928                                
Authority:  AR 635-200 C5                         
Reason:  A3100                                            
Results of Board Action/                                  
Vote/Affirmation:  HD 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. 	Mbr          X       X