MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 February 1999                   
	DOCKET NUMBER:   AR1998014225

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his uncharacterized discharge be changed to an honorable discharge.

APPLICANT STATES:  That he was a good soldier who did the best he could.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 8 February 1985.  He completed basic training but not advanced individual training.

On 3 June 1985, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.

On 17 July 1985, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.

On 24 July 1985, the applicant’s company commander recommended the he be separated from the service for showing a lack of ability to adapt socially and emotionally to military life.  He noted the applicant’s failures on examinations, his sleeping in class and his being a disruptive influence in the classroom.

The applicant acknowledged notification of the basis for the separation action, declined the opportunity to consult with counsel, declined to submit a statement in his own behalf, understood that he would receive an entry level separation with uncharacterized service and that he would be ineligible to apply for enlistment for a period of 2 years after his discharge.

On 29 July 1985, the appropriate commander approved the recommendation, directed that the applicant be discharged from the U. S. Army and that an entry level separation (uncharacterized) be furnished.

On 2 August 1985, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 11, entry level status performance and conduct.  He had completed 5 months and 25 days of creditable active service and had no days lost time.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  The following conditions are illustrations of conduct that does not qualify for retention:  cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  An uncharacterized description of service is required for soldiers in an entry level status.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__SAC___  __FKM___  __MDM___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014225	
SUFFIX		
RECON		
DATE BOARDED	19990203	
TYPE OF DISCHARGE	Unchar	
DATE OF DISCHARGE	19850802	
DISCHARGE AUTHORITY	AR 635-200, Chapter 11	
DISCHARGE REASON	A04.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.