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):  960603

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:  3 Years
    b.  Entry date:  960123
    c.  Age:  19 Years   DOB:  761114
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  99                                3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Years  4 Months  11 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 evidence of record shows that on 9 May 1996, after careful
consideration of clinical records, laboratory findings, and physical
examination, the Medical Evaluation Board Proceedings (MEBP) 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 existed prior to service (EPTS).  On 9 May 1996, medical
approving authority approved the findings of the MEBP.  The applicant was
informed of the Board findings.  On 9 May 1996, the applicant concurred
with the medical proceedings, waived his right to a Physical Evaluation
Board, and requested to be discharged from the US Army.  On 28 May 1996,
the separation authority directed that the applicant be discharged with
service uncharacterized.

      b.  On 3 June 1996, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 months and 11 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, undated, with six (6) 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 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     ( 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 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 Board noted the applicant’s
contentions; however, did not find said contentions sufficiently mitigating
to warrant an upgrade of the discharge under review.  The evidence of
record shows that, after careful consideration of clinical records,
laboratory findings, and physical examination, a Medical Evaluation Board
Proceedings (MEBP) 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 existed prior to
service (EPTS).  Subsequently, competent medical authority approved the
findings of the MEBP.  The applicant was informed of the Board findings,
concurred with the medical proceedings and findings, waived his right to a
Physical Evaluation Board, and requested to be discharged from the US Army.
 The separation authority approved the applicant’s request and directed
that the applicant be discharged under the provisions of Chapter 5, AR 635-
40, by reason of disability, existed prior to service-medical board, with
service uncharacterized.  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 (ELS).  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 the separation action.  This is not an adverse characterization of
service and only denotes that the individual had less than l80 days on
active duty.  A general discharge is not authorized under ELS conditions.
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 his service did
not warrant an honorable characterization of service.  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:  2004106392                    INDEX NUMBERS:  A9405
Date of Review:  041123                                   A0113
Character of Service:  EL
Date of Discharge:  960603
Authority:  AR 635-40 C5
Reason:  A3100
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