PART II - APPLICATION DATA

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

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  980613

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-200

	b.  Reason:  Physical Condition, Not a Disability

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          AAM                       
a.  Period entered for:  4  Years              NDSM
b.  Entry date:  961024                        SWASMw/3Bss
c.  Age:  28  Years   DOB:  680618             ASR                       
d.  Educational level:  HS Grad                KLM                       
e.  Aptitude area score:
	    GT:  110                               3.  Highest grade achieved:
    f.  Length of Service:                         E4
          1  Year(s)  7  Month(s)  20  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


Other discharge(s):

	Service	From	To	Type Discharge
	ARNGUS	860915	861023	NA
	ADT	861024	870722	Honorable
	ARNGUS	871023	900904	NA
	USAR	900905	901128	Honorable
	USAR	901129	910102	NA
	ADT	910103	910412	Honorable
	USAR	910413	940914	NA





PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, by reason of physical condition, not a disability, with an honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived a hearing by a board of officers, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  The separation authority directed that the applicant be discharged with a characterization of service of honorable.  

	b.  On 13 June 1998, the applicant was discharged.  At the time of discharge, the applicant had completed 1 year, 7 months, and 20 days of active military service in the period under review and had a total of 8 years 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 5-18 provides that a soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer that soldier for a medical examination and/or mental status evaluation in accordance with AR 40-501, and excluding conditions appropriate for separation processing under paragraphs 5-11 or 5-13.
.


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 020916, with two (2) 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 15 January 2003.

	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:  (   ) 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)  The issue is 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 honorably discharged under the provisions of Chapter 5, Paragraph 5-18, AR 635-200, by reason of a physical condition, not a disability.  The applicant referred himself to mental health through his commander and underwent a mental examination.  The competent medical authority determined that the applicant was unable to adjust to military service because he displayed a pattern of difficulty with stress and an inability to relate effectively to others.  He recommended that the applicant be separated under the provisions of Chapter 5, Paragraph 5-18, AR 635-200, because his condition impaired his capacity to adapt to and function in the military.  The applicant’s chain of command properly initiated separation action and the applicant acknowledged notification of separation for the above condition and waived consideration of his case by an administrative separation board.  There is no evidence that the applicant applied for a hardship discharge and, at the time of his separation, he authenticated his DD Form 214.  Individuals are assigned RE codes based on their service records or the reason for discharge.  The applicant was appropriately assigned an RE code of 3 for his type of discharge.  An RE code of 3 indicates that the applicant requires a waiver prior to being allowed to reenlist.  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes.  The Board found no evidence of arbitrary or capricious actions by the command.  The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The Board, being convinced that the reason for discharge was 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. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

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:  2002079366                    INDEX NUMBERS:  A0113
Date of Review:  030115                                   A9307
Character of Service:  HD                                 
Date of Discharge:  980613                                
Authority:  AR 635-200 C5                         
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. 	Mbr          X                 X