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):  020517

3.  Authority for separation:

      a.  Regulation:  Chapter 5-11, 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:  5 Years
    b.  Entry date:  011121
    c.  Age:  22 Years   DOB:  790713


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  124                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          0 Year(s)  5 Month(s)  27 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 8 April 2002, after careful
consideration of medical records, laboratory findings, and medical
examinations, the Physical Evaluation Board (EPSB) 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 10 April 2002, medical
approving authority approved the findings of the Physical Evaluation Board
(EPSB).  The applicant was informed of the Physical Evaluation Board
findings.  On 10 April 2002, the applicant concurred with the medical
proceedings, and requested to be discharged from the US Army.  On 3 May
2002, the unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 5-11, AR 635-200, by reason of
failure to meet procurement medical fitness standards due to asthma which
pre-existed service.  The intermediate commander reviewed the proposed
discharge action and recommended approval of the separation action with
service uncharacterized.  On 13 May 2002, the separation authority waived
further rehabilitative efforts and directed that the applicant be
discharged with service uncharacterized.

      b.  On 17 May 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 5 months and 27 days of active
military service in the period under review.

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 states 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 030611.
      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, D.C. on 7 January
2004.

      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     (   ) 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 an Entrance Physical Standards Board
(EPSBD) found the applicant medically unfit for enlistment due to asthma,
and recommended he be discharged from the Army.  The applicant concurred
with the medical proceedings, and requested to be discharged.  The
applicant’s service was uncharacterized because he was in entry-level
status, i.e., in an initial probationary period of service.  Any individual
who has served for less than l80 days at the time his or her commander
initiated separation action, and is not being separated for serious
misconduct, will be given an uncharacterized discharge.  This is not an
adverse separation action and denotes only that the individual had less
than l80 days on active duty.  A general discharge is not authorized in
entry-level status.  A fully honorable discharge may be granted only in
cases which are clearly warranted by unusual circumstances involving
outstanding personal conduct and/or performance of duty.  The Board
determined that no such unusual circumstances were present in the
applicant’s record and his service did not warrant an honorable discharge.
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.  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 in conjunction with his reason for
discharge.  An RE Code of 3 indicates that the applicant requires a waiver
prior to being allowed to reenlist.  The Board found no bases upon which to
change the RE code.  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, being convinced that the reason for discharge and the
characterization of service were 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:




MARY E. SHAW
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:  2003092091                    INDEX NUMBERS:  A9217
Date of Review:  040107                                   A9221
Character of Service:  EL                                 A0113
Date of Discharge:  020517
Authority:  AR 635-200 C5
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