PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  950413

3.  Authority for separation:

      a.  Regulation:  Para 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:
                                           NDSM
    a.  Period entered for:  3 Years               ASR
    b.  Entry date:  920612
    c.  Age:  18 Years   DOB:  730830
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  89                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Years  10 Months  2 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:

      Date  Offense(s)
      931005     Without authority, absented himself from his place of duty
             (930922-930927)(Company Grade)


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 17 January 1995, a Medical
Evaluation Board (MEB) diagnosed the applicant with a medical condition
that made him unfit to perform his military duties and referred him to a
Physical Evaluation Board (PEB).  On 6 February 1995, a PEB determined that
the applicant was physically unfit to perform his military duties due to a
condition that occurred in line of duty and was not due to his own
misconduct.  The PEB recommended separation with severance pay.  On 9
February 1995, 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 his case.  On 2 March 1995,
the applicant submitted a request for continuance on active duty for
assignment to duties that he would be able to perform within the
limitations imposed by his physical disabilities.  On 16 March 1995, the
approving authority disapproved the applicant’s request for retention and
directed his discharge in accordance with the decision by the U.S. Army
Physical Disability Agency.  On 3 April 1995, DA, HQ, Fort Carson and HQ,
4th Infantry Division (Mechanized), Fort Carson, CO, Orders 093-0025,
discharged the applicant from the Regular Army effective 13 April 1995.

      b.  On 13 April 1995, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 10 months, and 2 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 031005, 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 15 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:
          (   )  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 a Medical Evaluation Board (MEB)
diagnosed the applicant with a medical condition that made him unfit to
perform his military duties and referred him to a Physical Evaluation Board
(PEB).  A PEB determined that the applicant was physically unfit to perform
his military duties due to a condition that occurred in line of duty and
was not due to his own misconduct.  The PEB recommended separation with
severance pay.  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 his case.  Subsequently, the
applicant submitted a request for continuance on active duty for assignment
to duties that he would be able to perform within the limitations imposed
by his physical disabilities.  However, the approving authority disapproved
the applicant’s request for retention and directed his discharge in
accordance with the decision by the U.S. Army Physical Disability Agency.
Accordingly, the Board determined that the applicant was properly
discharged under the provisions of Chapter 4, Paragraph 4-24B(3), AR 635-
40, by reason of disability, severance pay with a characterization of
service of honorable.  A change to reentry eligibility (RE) codes does 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:  2004101291                    INDEX NUMBERS:  A0113
Date of Review:  040915                                   A9445
Character of Service:  HD
Date of Discharge:  950413
Authority:  AR 635-40 C4
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