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):  910213

3.  Authority for separation:

      a.  Regulation:  Chapter 11-3a, AR 635-200

      b.  Reason:  Entry Level Status

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:  900904
    c.  Age:  18 Years   DOB:  711109


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  91                                3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Year(s)  5 Month(s)  10 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.  Evidence of record shows that on 12 February 1991, DA, HQ, U.S.
Army Signal Center and Fort Gordon, Fort Gordon, GA, Orders 043-501
released the applicant from active duty, effective 13 February 1991.  The
record contains a properly constituted DD Form 214 (Certificate of Release
or Discharge from Active Duty) which was authenticated by the applicant.
His DD Form 214 indicates that he was released from active duty under the
provisions of Chapter 11, AR 635-200 by reason of entry-level status, with
service uncharacterized.  The specific facts and circumstances pertaining
to the applicant’s release from active duty and reassignment to the USAR
Control Group are not contained in the available records.

      b.  On 13 February 1991, the applicant was released from active duty.
 At the time of discharge, the applicant had completed 5 months and 10 days
of active military service in the period under review.

      c.  The official record contains a Line of Duty Investigated dated 18
July 1992 which makes reference to an injury the applicant sustained to his
left knee in 1989 while attending jump school at Fort Gordon.  This report
also indicates the applicant underwent surgery in 1990 at Fort Gordon which
may have contributed to his inability to complete his required training in
1991, leading to his release from active duty.  The official record also
shows that the applicant completed his statutory service obligation and was
honorably discharge from the Army Reserve on 8 September 1998.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 11, of this regulation, in effect at the time, provided, for the
separation of personnel due to unsatisfactory performance, conduct, or
both, while in an entry level status.  This provision of regulation applied
to individuals who had demonstrated that they were not qualified for
retention because they could not adapt socially or emotionally to military
life, or because they lacked the aptitude, ability, motivation or self
discipline for military service, or that they had demonstrated
characteristics not compatible with satisfactory continued service.  The
separation policy applies to soldiers who cannot meet the minimum standards
prescribed for successful completion of training because of lack of
aptitude, ability, motivation or self-discipline.  The regulation requires
uncharacterized service for separation under this chapter.



                      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 030823.
      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 10 May
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 applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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

    Although the applicant has not submitted an issue of equity or
propriety for the Board’s review, the Board is providing the following
response to clarify the type of discharge shown on the applicant’s DD Form
214 for his period of active service from 900904 to 910213.  The
applicant’s service was uncharacterized because he was in entry-level
status at the time of his release from active duty.  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.
This is not an adverse separation action and denotes only that the
individual had less than l80 days on active duty.  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 short period
of active service did not warrant an honorable discharge.  However, the
Board did note that the applicant continued his service in the Army Reserve
after his release from active duty and that he was honorably discharged in
1998.  The discharge order from the Army Reserve and the DD Form 256A
(Honorable Discharge Certificate), dated 8 September 1998, cover the
applicant’s entire enlistment from date of enlistment on 4 September 1990
until his expiration of service obligation on 8 September 1998.


                           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:


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:  2003095645                    INDEX NUMBERS:  A9217
Date of Review:  040510                                   A0143
Character of Service:  EL
Date of Discharge:  910213
Authority:  AR 635-200 C11
Reason:  A2900
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