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):  991108

3.  Authority for separation:

      a.  Regulation:  Chapter 4-24b(3), AR 635-40

      b.  Reason:  Disability, Severance Pay

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:  NIF
    b.  Entry date:  990121
    c.  Age:  21 Years   DOB:  770607


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  94                                3.  Highest grade
achieved:
    f.  Length of Service:                         E2
          0 Year(s)  9 Month(s)  18 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 15 December 1998, the
applicant enlisted in the Reserve of the Army (complete enlistment contract
not in file).  On 21 January 1999, she was ordered to initial active duty
for training at Fort Jackson, South Carolina, for approximately 16 weeks.
While in basic combat training, the applicant sustained a physical injury
and, on 24 February 1999, was reassigned to the Physical Fitness Training
Company PT and Rehabilitation Program to recover from her injury.  The
applicant did not fully recover from her injury, and on 18 August 1999, a
Medical Evaluation Board diagnosed the applicant with a medical condition
that made her unfit to perform her military duties and referred her to a
Physical Evaluation Board (PEB).  On 9 September 1999, a PEB determined
that the applicant was physically unfit to perform her military duties due
to a condition that occurred in line of duty and was not due to her own
misconduct.  The PEB recommended separation with severance pay.  On 10
September 1999, having been informed of the findings and recommendations of
the PEB, the applicant concurred with the PEB’s findings and
recommendations and waived a formal hearing of her case.  PERSCOM Order
dated 16 April 1996 approved the applicant’s discharge under the provisions
of AR 635-40, Paragraph 4-24B(4), by reason of physical disability with
severance pay.

      b.  On 8 November 1999, the applicant was discharged.  At the time of
discharge, the applicant had completed 9 months and 18 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 4,
provides for the separation of enlisted soldiers found to be unfit by a
Physical Evaluation Board (PEB) due to a condition which occurred in line
of duty and not due do to the soldier’s misconduct.  Paragraph 4-24b(3)
provides that soldiers not having sufficient time in service for retirement
would be separated by reason of disability with severance pay.  The
characterization of service for soldiers separated under the provisions of
Chapter 4, 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 031229.
      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 22
September 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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  The characterization of service was improper.

      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.

        (2)  The issue is accepted.  Army regulations stipulate that the
service of any individual who has more than l80 days of continuous active
duty at the time of initiation of discharge will be characterized.  Given
the foregoing, the Board determined that the applicant’s characterization
of service was improper.   Accordingly, the Board voted to change the
characterization of service to honorable.  The Board determined that the
applicant’s reason for discharge was both proper and equitable, and voted
not to change it.

      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.

        (1)  See Paragraph 3, below.

3.  Response(s) to item(s) not addressed as decisional issue(s):

    Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issue is neither required nor rendered.


                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      (   ) Proper.
      ( X ) Improper as to characterization.  Change characterization to
           Honorable.
      (   ) 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       5         0

        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

TO: ARBA Support Division-St Louis      Date:

     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 ) Change characterization of discharge to Honorable.

                          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:  2004101153                    INDEX NUMBERS:  A0102
Date of Review:  040922                                   A2904
Character of Service:  EL                                 A9500
Date of Discharge:  991108
Authority:  AR 635-40 C4
Reason:  A2800
Results of Board Action/
Vote/Affirmation:  HD 5-0 A









                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1. LTC PROCTOR, ESMERALDA G.  Mbr          X       X                 

    2.      Mbr          X       X                 

    3.      Mbr          X       X                 

    4.      Mbr          X       X                 

    5.      PO           X       X