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ARMY | DRB | CY2003 | 2003091108
Original file (2003091108.rtf) Auto-classification: Approved


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): 000725

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-40

          b. Reason: Disability-Existed Prior to Service-Medical Board
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: NIF
b. Entry date: 000331
c. Age: 20 Years DOB: 800311
d. Educational level: HS Grad
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 3 Month(s) 25 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 specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records. 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 635-40 by reason of disability-existed prior to service-medical board, with an uncharacterized discharge.

         b. On 25 July 2000, the applicant was discharged. At the time of discharge, the applicant had completed 3 months and 25 days of active military service in the period under review.

         c. The applicant submitted the following evidence with his application:
a copy of his Medical Evaluation Board Proceedings showing that his diagnosed schizophreniform disorder and antisocial personality traits existed prior to entry into service; a copy of his medical narrative summary for the MEB; and,
a copy of his request for expeditious discharge for physical disability, dated
6 July 2000. In addition, the applicant submitted a copy of his DD Form 214,
a copy of his college transcript, a testament statement from his parents, a personal statement, and arguments from his counsel.

 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 5 provides for the separation of enlisted soldiers for non-service aggravated conditions that existed prior to service (EPTS) when the soldier requests a waiver of a Physical Evaluation Board (PEB). Unless otherwise indicated, a soldier’s service will be characterized as honorable. If a soldier is in entry-level status at the time of processing, his or her service may 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 030524.
         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 19 November 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board Issue: (5) The characterization of service is 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.

 (5) The issue is accepted. The specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records. However, the applicant submitted evidence indicating that he was separated under the provisions of Chapter 5, AR 635-40, by reason of a disability which existed prior to service, with an uncharacterized discharge. The pertinent Army regulation does not preclude the characterization of service for individuals separated under the above chapter, even when in entry-level status (i.e., first 180 days of continuous active duty). Given the above, and the absence of any misconduct on the applicant’s part, the Board found that the characterization of service was inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board found that the reason of discharge was both proper and equitable and voted not to change it.

(1-4) 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 issues 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: 21 November 2003

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: 2003091108 INDEX NUMBERS: A9406
Date of Review: 031119 A9322
Character of Service: EL A0113
Date of Discharge: 000725
Authority: AR 635-40 C5
Reason: A2800
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.      PO      X  X           






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