Search Decisions

Decision Text

ARMY | DRB | CY2004 | AR2004106450
Original file (AR2004106450.doc) Auto-classification: Denied


                         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):  040318

3.  Authority for separation:

      a.  Regulation:  Chapter 5-11, AR 635-200

      b.  Reason:  Failure to Meet Procurement Medical Fitness Standards

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:  031022
    c.  Age:  19 Years   DOB:  831210


    d.  Educational level:  NIF


    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Year(s)  4 Month(s)  27 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 5 March 2004, after careful
consideration of medical records, laboratory findings, and medical
examinations, the Entrance Physical Standards Board (EPSB) found that the
applicant was medically unfit for enlistment in accordance with current
medical fitness standards and in the opinion of the evaluating physicians
the conditions(s) existed prior to service.  On 5 March 2004, medical
approving authority approved the findings of the Physical Evaluation Board
(EPSB).  The applicant was informed of the Physical Evaluation Board
findings.  On 8 March 2004, the applicant concurred with the medical
proceedings, and requested to be discharged from the US Army.  On 11 March
2004, the separation approving authority directed that the applicant be
discharged with a characterization of service of.

      b.  On 18 March 2004, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 months and 27 days of active
military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
provides the basic authority for the separation of enlisted personnel.
Paragraph 5-11 specifically provides that soldiers who were not medically
qualified under procurement medical fitness standards, when accepted for
enlistment, or who became medically disqualified under these standards
prior to entry on active duty or active duty training or initial entry
training will be separated.  A medical proceeding, regardless of the date
completed, must establish that a medical condition was identified by
appropriate medical authority within six months of the soldier’s initial
entrance on active duty, that the condition would have permanently or
temporarily disqualified the soldier for entry into the military service
had it been detected at that time, and the medical condition does not
disqualify the soldier from retention in the service under the provisions
of Army Regulation 40-501, chapter 3.  The characterization of service for
soldiers separated under this provision of regulation will normally be
honorable, but will be uncharacterized if the soldier is in an entry-level
status.  Army regulation states that 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 030424, with three (3) enclosure(s).
      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 23 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 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 an Entrance Physical Standards Board
(EPSBD) found the applicant medically unfit for enlistment due to anemia,
and recommended she be discharged from the Army.  The applicant concurred
with the medical proceedings, and requested to be discharged.  The
applicant’s service was uncharacterized because she was in entry-level
status, i.e., in an initial probationary period of service.  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 her
service did not warrant an honorable discharge.  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.  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:  2004106450                    INDEX NUMBERS:  A9231
Date of Review:  041123                                   A0113
Character of Service:  EL
Date of Discharge:  040318
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       






Similar Decisions

  • ARMY | DRB | CY2003 | AR2003097370

    Original file (AR2003097370.doc) Auto-classification: Denied

    On 29 May 2003, the applicant was discharged. The applicant’s service was uncharacterized because he was in entry-level status, i.e., in an initial probationary period of service. 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 | DRB | CY2003 | AR2003096747

    Original file (AR2003096747.doc) Auto-classification: Denied

    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 characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and...

  • ARMY | DRB | CY2003 | 2003088512

    Original file (2003088512.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...

  • ARMY | DRB | CY2003 | AR2003092091

    Original file (AR2003092091.doc) Auto-classification: Denied

    On 17 May 2002, the applicant was discharged. The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status. 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 -...

  • ARMY | DRB | CY2003 | AR2003094650

    Original file (AR2003094650.doc) Auto-classification: Denied

    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 applicant’s service was uncharacterized because she was in entry-level status, i.e., in an initial probationary period of service. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing...

  • ARMY | DRB | CY2003 | 2003088321

    Original file (2003088321.rtf) Auto-classification: Denied

    At the time of discharge, the applicant had completed 29 days of active military service in the period under review. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C...

  • ARMY | DRB | CY2000 | 2000048493

    Original file (2000048493.rtf) Auto-classification: Denied

    The Board noted from the evidence of record that the separation authority properly approved the applicant's discharge under the provisions of Chapter 5, AR 635-200, by reason of failure to meet procurement medical fitness standards with service uncharacterized. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted...

  • ARMY | DRB | CY2000 | 2000049166

    Original file (2000049166.rtf) Auto-classification: Denied

    The Board being convinced that the reason for the discharge and the characterization of service were both proper and equitable, the Board voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...

  • ARMY | DRB | CY2000 | 2000038541

    Original file (2000038541.rtf) Auto-classification: Denied

    The Board being convinced that the reason for the discharge and the characterization of service were both proper and equitable, the Board voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...

  • ARMY | DRB | CY1999 | 1999029775

    Original file (1999029775.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990328. The Board, being convinced that the characterization of service, and the reason for discharge were proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J....