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):  030630

3.  Authority for separation:

      a.  Regulation:  Chapter 5, AR 635-40

      b.  Reason:  Disability, Existed Prior to Service-Medical Board

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:  030422
    c.  Age:  19 Years   DOB:  840312
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  114                               3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Years  2 Months  9 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 16 June 2003, after
consideration of clinical records, laboratory findings, and physical
examination, the Medical Evaluation Board (MEB) diagnosed the applicant
with Glomerulonephritis, a medical condition that made him unfit to perform
his military duties.  The MEB also determined that his condition existed
prior to service and recommended separation from the service under the
provisions of Chapter 5, AR 635-40 by reason of disability, existed prior
to service-medical board.  On 17 June 2003, the applicant disagreed with
the MEB’s findings and recommendations and submitted his appeal.  On 19
June 2003, the medical approval authority considered the applicant’s appeal
and confirmed the original findings and recommendation.  On 20 June 2003,
the separation authority approved the separation action.  The record
contains a properly constituted DD Form 214 (Certificate of Release or
Discharge from Active Duty), which was authenticated by the applicant’s
signature.  His DD Form 214 indicates that he was discharged under the
provisions of Chapter 5, AR 635-40 by reason of disability, existed prior
to service-medical board, with service uncharacterized, separation code of
KFN, and RE Code 3.

      b.  On 30 June 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 months and 9 days of active
military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-40
governs the evaluation for physical fitness of soldiers who may be unfit to
perform their military duties because of a physical disability.  Chapter 5
provides for the separation of enlisted soldiers for non-service aggravated
conditions that existed prior to service (EPTS) when the soldier requests a
waiver of a Physical Evaluation Board (PEB).  The characterization of
service for soldiers separated under the provisions of Chapter 5, AR 635-40
will normally be honorable unless the soldier is in an entry-level status.
The service of soldiers in an entry-level status will be uncharacterized.
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 040521, with five (5) 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 January
2005.

      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:  (   ) 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 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, after consideration of clinical
records, laboratory findings, and physical examination, a Medical
Evaluation Board (MEB) diagnosed the applicant with Glomerulonephritis, a
medical condition that made him unfit to perform his military duties.  The
MEB also determined that his condition existed prior to service and
recommended separation from the service under the provisions of Chapter 5,
AR 635-40 by reason of disability, existed prior to service-medical board.
The applicant disagreed with the MEB’s findings and recommendations and
submitted his appeal.  However, after carefully considering the applicant’s
appeal, the medical approving authority confirmed the original findings and
recommendation of the MEB.  Accordingly, the separation authority approved
the separation action and directed that the applicant be discharge with
service uncharacterized.  The characterization of service for soldiers
separated under the provisions of Chapter 5, AR 635-40 will normally be
honorable unless the soldier is in an entry-level status.  The service of
soldiers in an entry-level status will be uncharacterized.  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.  Further, changes to RE codes do not fall within the purview of
this Board.  If the applicant desires to reenlist, he should contact the
local recruiter to determine his eligibility to reenlist.  Those
individuals can best advise a former service member as to the needs of the
Army at the time, and are required to process waivers of RE codes.  The
Board, being convinced that the reason for discharge and the
characterization of service were both proper and equitable, voted to deny
relief.

      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):  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
                  1901 South Bell Street, 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:  20040001987                   INDEX NUMBERS:  A0113
Date of Review:  050112                                   A9445
Character of Service:  EL
Date of Discharge:  030630
Authority:  AR 635-40 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