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):  020604

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:  020409
    c.  Age:  29 Years   DOB:  730119


    d.  Educational level:  Coll. Grad


    e.  Aptitude area score:
          GT:  117                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          0 Year(s)  1 Month(s)  26 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 the unit commander notified the
applicant of initiation of separation action under the provisions of
Chapter 5-17, AR 635-200, by reason of “other designated physical or mental
condition” (currently “physical condition, not a disability”), with service
uncharacterized.  He was advised of his rights.  The applicant consulted
with legal counsel, was advised of the impact of the discharge action, and
did not submit a statement in his own behalf.  The unit commander
subsequently recommended separation from the service and waiver of further
rehabilitative efforts.  The intermediate commander(s) reviewed the
proposed discharge action and recommended approval of the separation action
with an uncharacterized discharge.  On 9 May 2002, the separation authority
waived further rehabilitative efforts and directed that the applicant be
discharged with an uncharacterized discharge.

      b.  On 4 June 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 month and 26 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 5-18 provides that a soldier has a physical or mental condition
that potentially interferes with assignment to or performance of duty, the
commander will refer that soldier for a medical examination and/or mental
status evaluation in accordance with AR 40-501, and excluding conditions
appropriate for separation processing under paragraphs 5-11 or 5-13.



                      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 031012, 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
available record of service during the period of enlistment under review.
The evidence of record shows that the applicant was discharged under the
provisions of Chapter 5-17, AR 635-200, by reason of other designated
physical or mental condition with service uncharacterized while in entry-
level status.  The characterization of service for this type of discharge
is normally honorable unless the soldier is in an entry-level status (i.e.,
completed less than 180 days of continuous active military 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.  An
uncharacterized discharge denotes only that the individual had less than
l80 days on active duty.  In reviewing the applicant’s record, the Board
noted that his DD Form 214 contains an error in the reason and authority
for discharge and has directed that it be corrected to reflect the approved
reason for discharge.  Other than the administrative correction noted
above, the Board determined that the approved reason for discharge and the
characterization of service were both proper and equitable, and 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                                 .
      ( X ) Both proper and equitable, but reason for separation cited was
           an administrative/clerical error and should be changed to
           Physical Condition, Not a Disability under Chapter 5-17, AR 635-
           200.

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

TO: ARBA Support Division-St Louis      Date:  25 June 2004


     The Army Discharge Review Board, established under the provisions of
Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as
Title 10, United States Code, Section 1553, in the case of the applicant
named in Part I directs that the ARBA Support Division-St Louis issue a new
DD Form 2l4 to the applicant which reflects the following directed
change(s):

           ( X ) Other (see remarks below).

Remarks:  Administratively correct DD Form 214, block 25 to reflect
          “Chapter
          5-17, AR 635-200;” block 26 to reflect “JFV;” and block 28 to
          read “Physical Condition, Not a Disability.”

                          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:  2003097371                    INDEX NUMBERS:  A9217
Date of Review:  040623                                   A9455
Character of Service:  EL                                 A0100
Date of Discharge:  020604
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