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): 021108
3. Authority for separation:
a. Regulation: Chapter 5-11, AR 635-200
b. Reason: Failed Medical/Physical Procurement 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: 4 Years
b. Entry date: 020822
c. Age: 25 Years DOB: 770623
d. Educational level: HS Grad
e. Aptitude area score:
GT: NIF 3. Highest grade
achieved:
f. Length of Service: E3
0 Year(s) 2 Month(s) 17 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 10 October 2002, after
careful consideration of medical records, laboratory findings, and medical
examinations, the Entrance Physical Standards 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 3 November 2002, medical
approving authority approved the findings of the EPSB. The applicant was
informed of the findings. The applicant concurred with the medical
proceedings, and requested to be discharged from the US Army. The
separation approving authority directed that the applicant be discharged
with an uncharacterized discharge.
b. On 8 November 2002, the applicant was discharged. At the time of
discharge, the applicant had completed 2 months and 17 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 state 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 030919, with three (3) enclosure(s).
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 23 June
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
multivalvular heart disease and a large atrial septal defect, and
recommended she be discharged from the Army. The applicant concurred with
the medical proceedings, and requested to be discharged. The applicant’s
service was uncharacterized because she 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 type of discharge 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 her 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. 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:
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: 2003096747 INDEX NUMBERS: A9217
Date of Review: 040623 A9323
Character of Service: EL A0100
Date of Discharge: 021108
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
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