Application Receipt Date: 070314

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See applicant's attached DD Form 293

II.  Were Proper Discharge and Separation Authority procedures followed?
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 971112
Discharge Received:     Date: 971120
Chapter: 5-11    AR: 635-200
Reason: Failure to Meet Procurement Medical Fitness Standards
RE:     SPD: JFW
Unit/Location: A Company, 2d Battalion, 10th Infantry, Training Regiment,
Fort Leonard Wood, MO 65473-8958

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  760518
Current ENL Date: OAD/970924    Current ENL Term: 17 Weeks       
Current ENL Service: 00 Yrs, 01Mos, 27Days      
Total Service:  00 Yrs, 03Mos, 06Days      
Previous Discharges: ARNG-970815-970923/NA
Highest Grade: E1
Performance Ratings Available: Yes    No
MOS: None   GT: 97   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: Houston, TX
Current Address: 8014 Colonial Lane
Houston TX 77051
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 5 November 1997, after careful
consideration of medical records, laboratory findings, and medical
examinations, the Physical Evaluation 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 6 November 1997, medical
approving authority approved the findings of the Physical Evaluation Board
(EPSB).  The applicant was informed of the Physical Evaluation Board
findings.  On 12 November 1997, the applicant concurred with the medical
proceedings, and requested to be discharged from the US Army.  On 12
November 1997, the unit commander recommended that the applicant be
discharged from the Army.  On 14 November 1997, the separation approving
authority directed that the applicant be discharged with a characterization
of service of uncharacterized.  On 18 November 1997, Orders 322-0360, DA
HQ, US Army Enginner Center and Fort Leonard Wood, Fort Leonard Wood, MO
65473-8929, released the applicant from active duty for training,
discharged him from the Reserve of the Army, and returned him to the Army
National Guard.

      b.  Legal Basis for Separation:
      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 635-200, provides
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.

      c.  Response to Issues, Recommendation and Rationale:
      After a careful review of all the applicant’s military records, and
the issue he submitted, to include his supporting documents, the analyst
found no mitigating factors that would merit an upgrade of the applicant's
discharge.  The proceedings of the Enlistment Physical Standards Board
(EPSBD) revealed that the applicant had a medical condition that was
disqualifying for enlistment and that it existed prior to entry on active
duty.  Subsequently, these findings were approved by competent medical
authority.  The applicant agreed with these findings and the proposed
action for administrative separation from the Army.  The analyst was
satisfied that all requirements of law and regulation were met and that the
rights of the applicant were fully protected through the separation
process.  A Soldier is in entry-level status (ELS) for the first 180 days
of continuous active duty.  The purpose of the entry-level status is to
provide the Soldier a probationary period.  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.  Further, for Soldiers in entry-level status, 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 analyst determined that no such unusual
circumstances were present in the applicant’s record and his service did
not warrant an honorable discharge.  In view of the foregoing, the analyst
determined that the reason for discharge and the characterization of
service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 22 August 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: NA

Witnesses/Observers: NA

Exhibits Submitted: NA



VIII.  Board Decision
The discharge was:                Proper           Improper
                                             Equitable        Inequitable

The characterization of service was:   Proper            Improper
                                             Equitable        Inequitable

The narrative reasons were:             Equitable        Inequitable

DRB voting record:                 Change 0    No change 5   - Character
                                   Change 0    No change 5   - Reason
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review and considering the analyst’s
recommendation and rationale, the Board determined that the discharge was
both proper and equitable, and voted to deny relief.





















Case report reviewed and verified by: Eric S. Moore, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority:

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


CHRISTINE U. MARTINSON            DATE: 29 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder