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):  030516

3.  Authority for separation:

      a.  Regulation:  Chapter 5, Para 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:  32 Weeks
    b.  Entry date:  030212
    c.  Age:  32 Years   DOB:  700423
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E2
          0 Years  3 Months  5 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
      USAR  020521     020211     NA
      (Concurrent Service)



                         PART IV - PREHEARING REVIEW

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

    a.  Evidence of record shows that on 23 April 2003, after careful
consideration of medical records, laboratory findings, and medical
examinations, the Physical Standards Board (EPSBD) determined that the
applicant did not meet medical procurement standards due to chronic
recurring abdominal and groin pain following left inguinal hernia repair
prior to enlistment.  The board 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 condition existed prior
to service.  On 28 April 2003, the applicant concurred with the EPSBD
proceedings and requested discharge from the Army without delay.  On 30
April 2003, the unit commander counseled the applicant regarding his
request for immediate separation and concurred with her request.  On 5 May
2003, the separation authority approved the separation action.

    b.  On 16 May 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 months and 5 days of active
military service in the period under review and had a total of 11 months
and 26 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
provides the basic authority for the separation of enlisted personnel.
Paragraph 5-11 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 030820, with two (2) enclosures.
      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 12 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     ( 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 found no evidence of
arbitrary or capricious actions by the command.  Notwithstanding the
applicant’s current allegations, the evidence of record shows that the
proceedings of the Enlistment Physical Standards Board (EPSBD) revealed
that the applicant had a medical condition that was disqualifying for
enlistment and that it existed prior to entry on active duty.
Subsequently, competent medical authority approved these findings.  The
applicant concurred with the proceedings and requested discharge from the
Army without delay.  The separation authority approved the applicant's
request for immediate discharge.  At the time of discharge the applicant
was in entry-level status (ELS).  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.  Further, AR
635-200 provides that, except in cases of serious misconduct, a soldier’s
service will be uncharacterized when his 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 his service did not warrant an honorable discharge.
The Board was satisfied that all requirements of law and regulation were
met and that the rights of the applicant were fully protected through the
separation process.  The Board, being convinced that the reason for the
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. RIVERA
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:  2003095809                    INDEX NUMBERS:  A9217
Date of Review:  040512                                   A9411
Character of Service:  EL                                 A0113
Date of Discharge:  030516
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