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):  020820

3.  Authority for separation:

      a.  Regulation:  Chapter 5, Para 5-17, 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:
                                           NONE
    a.  Period entered for:  3 Years
    b.  Entry date:  020307
    c.  Age:  34 Years   DOB:  670313
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  89                                3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Years  5 Months  14 Days

                                               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.  Evidence of record shows that on 8 August 2002, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter 5, Paragraph 5-17, AR 635-200, entry level
separation by reason of physical conditions, not a disability, with an
uncharacterized discharge.  She was advised of her rights.  The applicant
waived legal counsel, was advised of the impact of the discharge action,
and did not submit a statement in her own behalf.  The unit commander
subsequently recommended separation from the service and waiver of further
rehabilitative efforts.  The intermediate commander reviewed the proposed
discharge action and recommended approval of the separation action with an
uncharacterized discharge.  On 15 August 2002, the separation authority
waived further rehabilitative efforts and directed that the applicant be
discharged with an uncharacterized separation of service.

      b.  On 20 August 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 5 month, and 14 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 5-17 provides that a soldier may be separated for a physical or
mental condition, not amounting to disability under Army Regulation 635-40
that interferes with assignment to or performance of duty.  Army policy
states that an honorable or general discharge is authorized depending on
the applicant’s overall record of service, 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 030814.
      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:
         (   ) Records review             ( X ) Hearing

      b. Type Held:
         (   )Records review              ( X ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, DC on 12 April
2004.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     ( X ) Yes   (   ) 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
and heard her testimony.  The Board noted from the evidence of record that
the applicant received an uncharacterized separation while in an entry-
level status (ELS).  The separation authority approved the applicant’s
discharge under the provisions of Chapter 5-17, AR 635-200, by reason of
physical condition, not a disability, with the description of service as
uncharacterized.  A soldier is in entry-level status for the first 180 days
of continuous active duty.  The purpose of the entry-level status is to
provide the soldier a probationary period.  Army Regulation 635-200 also
provides, except in cases of serious misconduct, that a soldier’s service
will be uncharacterized when separation is initiated while the soldier is
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 her record did not warrant an honorable discharge.
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

                          
MR. RON WILLIAMS
Case Reviewing Official


                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
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:  2003095606                    INDEX NUMBERS:  A9321
Date of Review:  040412                                   A9217
Character of Service:  EL                                 A0100
Date of Discharge:  020820
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