Application Receipt Date: 070417

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents

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: NIF
Discharge Received:     Date: 920611
Chapter: 5-4    AR: 635-40
Reason: Physical Disability Prior To Entry On Active Duty-Medical Board
RE:     SPD: KFN
Unit/Location: Company A, 244th Quartermaster Battalion, 23rd Quartermaster
Brigade, Fort Lee, VA 23801

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:  730207
Current ENL Date: 920220    Current ENL Term: 6 Years       
Current ENL Service: 00  Yrs, 03 Mos, 22 Days      
Total Service:  02 Yrs, 00 Mos, 06 Days      
Previous Discharges: USAR-900606-920219/HD
Highest Grade: E1
Performance Ratings Available: Yes    No
MOS: None   GT: 107   EDU: HS Letter   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant states he has 100 transferable
credits and has completed 2 years of ROTC.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 3 June 1992, after careful
consideration of medical records, laboratory findings, and medical
examinations, 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.  The medical approving authority
approved the findings of the Medical Evaluation Board Proceedings (MEBP).
The applicant was informed of the Physical Evaluation Board findings.  The
applicant concurred with the medical proceedings, and requested to be
discharged from the US Army.  The separation authority approved the
separation action and directed that the applicant be discharged with an
uncharacterized separation of service.

      b.  Legal Basis for Separation:
      Army Regulation 635-200 provides the basic authority for the
separation of enlisted personnel.  AR 635-40, Paragraph 5-4 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.

      c.  Response to Issues, Recommendation and Rationale:
      After a careful review of all the applicant’s military records during
the period of enlistment under review, the issue and documents he
submitted, the analyst found no mitigating factors that would merit an
upgrade of the applicant's discharge.   The evidence of record shows that
the applicant's service was uncharacterized because he was in entry-level
status, i.e., in an initial probationary period of service.  Any
individual, who has served for less than 180 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
180 days on active duty.  Army Regulation 635-40 provides that a Soldier’s
service will be uncharacterized when his separation is initiated while the
Soldier is 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
characterization of service. The analyst was satisfied that all the
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process.  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: 20 September 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, voted to deny relief.






















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority:

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

Official:


CHRISTINE U. MARTINSON            DATE: 26 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder