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):  020312

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:  011119
    c.  Age:  20 Years   DOB:  810814
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  113                               3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Years  3 Months  12 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.  The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.  Evidence
of record shows that on 7 March 2002, DA, HQ, U.S. Army Infantry Center,
For Benning, Georgia, Orders 066-2212 discharged the applicant from the
Regular Army, effective 12 March 2002.  The record contains a properly
constituted DD Form 214 (Certificate of Release or Discharge from Active
Duty).  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.

      b.  On 12 March 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 month and 24 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 040318, 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 17 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 applicant’s record is void of
facts and circumstances concerning the events that led to his discharge
from the Army.  The Board noted that the applicant’s record contains a
properly constituted DD Form 214 (Certificate of Release or Discharge from
Active Duty).  This document identifies the reason and characterization of
the discharge and the Board presumed Government regularity in the discharge
process.  The evidence of record shows the applicant was discharged under
the provisions of Chapter 5, AR 635-40, by reason of disability, existed
prior to service-medical board, with service uncharacterized.  In
connection with such a discharge, the applicant would have been diagnosed
with a physical disability that existed prior to service (EPTS) and
subsequently requested waiver of a Physical Evaluation Board (PEB).  Upon
waiving the PEB, the applicant would have been advised of his right to
apply for discharge.  The characterization of service for this type of
discharge is normally honorable unless the soldier is in an entry-level
status.  Army Regulation 635-200 provides in pertinent part, that a soldier
is in entry-level status for the first 180 days of continuous active duty.
Army Regulation 635-200 also provides, except in cases of serious
misconduct, that a soldier’s service will be uncharacterized when his
separation is initiated while the soldier is in entry-level status.  Since
the applicant was in an entry-level status, his service was
uncharacterized.  Further, the US Army does not have, nor has it ever had,
a policy to automatically upgrade discharges.  Each case is decided on its
own merits when an applicant submits a DD Form 293 requesting a change in
discharge.  The Board, being convinced that the reason for discharge 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:  2004106190                    INDEX NUMBERS:  A0143
Date of Review:  041117                                   A0113
Character of Service:  EL                                 A9217
Date of Discharge:  020312
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