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):  980714

3.  Authority for separation:

      a.  Regulation:  Chapter 5, Paragraph 5-18, AR 635-200

      b.  Reason:  Physical Condition, Not a Disability

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:  18 Weeks
    b.  Entry date:  980512
    c.  Age:  24 Years   DOB:  740425
    d.  Educational level:  15 Years
    e.  Aptitude area score:
          GT:  97                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          0 Years  2 Months  3 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

Other discharge(s):

      Service    From  To    Type Discharge
      USAR  970924     980511     NA
      (Concurrent Service)




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 24 September 1997, the applicant
enlisted in the United States Army Reserve.  On 12 May 1998, he was ordered
to initial active duty for training for a period of approximately 18 weeks
or completion of MOS training.  On 25 June 1998, the applicant was
evaluated by mental health officials, with a finding of learning disorders,
not otherwise specified, EPTS and he was recommended for discharge under
the provisions of Chapter 5-18, AR 635-200, by reason of other designated
physical or mental conditions.  On 30 June 1998, the unit commander
notified the applicant of separation action under the provisions of Chapter
5-18, AR 635-200, by reason of other designated physical or mental
conditions, with service uncharacterized.  He was advised of his rights.
The reason for the proposed action was his diagnosis of a mental condition
that interfered with his ability to successfully complete training.  On 30
June 1998, the applicant waived his right to consult with legal counsel,
was advised of the impact of the discharge action, and did not submit a
statement in his own behalf.  On 1 July 1998, the unit commander
subsequently recommended separation from the service and waiver of further
rehabilitative efforts.  The intermediate commander reviewed the separation
action and recommended approval.  On 9 July 1998, the separation authority
directed that the applicant be discharged with service uncharacterized.

      b.  On 14 July 1998, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 months and 3 days of active
military service in the period under review and had a total of 9 months and
21 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 5-18 provides that a soldier may be separated for other physical
or mental conditions not amounting to a disability under Army Regulation
635-40, that interferes with assignment to or performance of duty.  The
regulation requires that the condition interferes with the soldiers’
ability to perform duty, and requires that the diagnosis be so severe that
the soldier’s ability to function in the military environment is
significantly impaired.  Army policy states that the service of personnel
separated under this paragraph will be characterized as honorable; general,
under honorable conditions; or uncharacterized if in entry-level status.  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 040614, with no 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 10 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:  ( 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 parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1-3)  The issues are rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
The evidence of record shows that the applicant was diagnosed by competent
medical authority with learning disorders, not otherwise specified.  Since
the applicant had a desire to succeed, he was provided additional
assistance and guidance, and given additional time for improvement.
However, when his performance did not improve, he returned for another
mental status evaluation.  The examiner stated that the applicant revealed
that he was diagnosed with learning disorders in elementary school and
attended resource classes until his junior year.  The applicant expressed a
desire for separation due to his inability to grasp the training
requirements, and he confirmed that he did not understand most of what was
needed, and felt he could not perform at any higher level.  The examiner
further indicated that it would be inappropriate to allow him to continue
to fail any longer.  The applicant waived his right to consult with legal
counsel and did not submit a statement in his own behalf.  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.   His service was uncharacterized because he was in entry-level
status.  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.  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, 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

                          
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:  20040002938                   INDEX NUMBERS:  A0101
Date of Review:  050110                                   A9321
Character of Service:  EL
Date of Discharge:  980714
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