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):  971205

3.  Authority for separation:

      a.  Regulation:  MEPS Self-Terminating Orders 145-009

      b.  Reason:  Completion of Period of ADT

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:  8 Years
    b.  Entry date:  970731
    c.  Age:  19 Years   DOB:  771214
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  91                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          0 Years  4 Months  5 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  961118     970730     NA




                         PART IV - PREHEARING REVIEW

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

      a.  All the specific facts and circumstances pertaining to the
applicant’s release from active duty training (ADT) are not contained in
the available records.  However, the evidence of record shows that on 1
December 1997, DA, HQ, U.S. Army Medical Department and School, Fort Sam
Houston, Texas, Orders 335-00205 released the applicant from Active Duty
Training and transferred her to the 343d Combat Support Hospital, Fort
Hamilton, Brooklyn, New York, effective date 5 December 1997.  Further, 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.  That DD Form 214 indicates that she was released from active
duty for training under the provisions of MEPS self-terminating orders 145-
009, by reason of completion of period of ADT, with a characterization of
service of uncharacterized, a separation code of NA, a reentry code of NA,
and no military occupational specialty (MOS).

      b.  On 5 December 1997, the applicant was released from active duty
for training.  At the time of her release, she had completed 4 months and 5
days of active military service in the period of review and had a total of
1 year and 18 days of total military service.

      c.  The available record also contains a memorandum, subject, Non-
Graduation Due to APFT Failure, dated 26 November 1997.  This memorandum
indicates the applicant was being returned to her unit as a non-graduate
due to record APFT failure.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200,
in effect at the time, set forth the basic authority for separation of
enlisted personnel.  Chapter 4 of that regulation provided, in pertinent
part, for the separation or release from active duty upon termination of
enlistment and other periods of active duty or active duty for training
(ADT).  Individuals of the USAR ordered to active duty who are in entry-
level status (less than 180 days continuous active duty) will have their
service uncharacterized, even though they have completed their ADT
successfully.


                      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 040225, with three (3) 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 3 November
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 available record does not contain
all the specific facts and circumstances concerning the events that led to
the applicant’s release from active duty.  However, the record contains a
memorandum, subject, Non-Graduation Due to APFT Failure, dated 26 November
1997.  That memorandum indicates that the applicant was being returned to
her unit as a non-graduate due to record APFT failure.  The available
record also contains a properly constituted DD Form 214 (Certificate of
Release or Discharge from Active Duty), which was authenticated by the
applicant’s signature.  This document identifies the reason and
characterization of service granted, and the Board presumed Government
regularity in the separation process.  The evidence of record shows that
the applicant, while in entry-level status, was released from active duty
for training under the provisions of MEPS Self-Terminating Orders 145-009,
by reason of completion of period of ADT with service uncharacterized.  A
soldier is in entry-level status for the first 180 days of continuous
active duty.  Army Regulation 635-200 provides, except in cases of serious
misconduct, that a soldier’s service will be uncharacterized when
separation is initiated while the soldier is in entry-level status.  In the
absence of evidence to the contrary, 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.  The fact that the
Department of Veterans Affairs (VA), in its discretion, has awarded the
applicant a disability rating is a prerogative exercised within the
policies of that agency.  It does not, in itself, establish physical
unfitness for the Department of the Army purposes.  The Board, being
convinced that the reason for separation and the characterization of
service were both proper and equitable, 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                                 .
      (   ) 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:  2004105020                    INDEX NUMBERS:  A0143
Date of Review:  041103                                   A0113
Character of Service:  EL                                 A9217
Date of Discharge:  971205
Authority:  AR 635-200 C4
Reason:  A0700
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