MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 January 1999
	DOCKET NUMBER:   AR1999014549

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		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:  That his records be corrected to show he received a physical disability retirement.

APPLICANT STATES:  The Army failed to comply with its own regulations and procedures when it issued a discharge for physical and mental unfitness without convening a medical board.

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

The applicant was in the Army Reserve Delayed Enlistment Program from
21 April 1980 to 5 May 1980.

On 6 May 1980, the applicant enlisted in the Regular Army.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was advanced to pay grade E-2, effective 
6 November 1980.

He was counselled for his poor performance of duty by a superior officer in his chain of command.

On 7 January 1981, unit commander notified the applicant that he was recommending his discharge under Army Regulation 635-200, chapter 5, the Expeditious Discharge Program (EDP) and of his rights.  His commander cited: his refusal to show progress to improve his job related skills; his lack of motivation and desire to be an average soldier; his extremely below standard duty performance; and, his requirement for constant supervision to complete even the simplest of tasks.  Further, the applicant was counseled for not completing physical training events and refusing to participate in training.  There is no evidence of record that the applicant was considered or processed for a physical disability discharge.

On 8 January 1981, the applicant, consulted with legal counsel, acknowledged notification of his proposed separation; voluntarily consented to the separation; and waived his right to submit statements in his own behalf.

On 20 January 1981, the appropriate separation authority approved his discharge and directed he receive an Honorable Discharge Certificate.

On 29 January 1981, the applicant was honorably separated, under the above cited regulation based on his failure to maintain acceptable standards for retention.  His Report of Separation shows he had 9 months and 9 days of creditable service (sic).

Army Regulation 635-200, then in effect, set forth the basic authority for separation of enlisted personnel.  Chapter 5 of the regulation provided, in pertinent part, for the expeditious discharge of individuals who had demonstrated during the first 180 days of training that they had a poor attitude; that they lacked motivation, self-discipline, ability to adapt socially or emotionally; and/or, a failure to demonstrate promotion potential.  This program, known as the EDP, provided for the award of an honorable or general discharge.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

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.  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.

2.  The Board notes that the applicant’s refusal to participate in training; inability to learn skill qualification tasks; poor appearance and performance; failure to complete any physical training event; inability to comprehend military life; and, failure to demonstrate promotion potential were the reasons for his separation, not physical disqualification.

3.  The applicant’s Separation Document is not correct as shown and should be corrected to show the correct “Date Entered AD This Period” and “Net Active Service This Period”.

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.

NOTE:  The ABCMR Support Team will take appropriate action to correct the applicant’s DD Form 214 to show “80-05-06” as the “Date Entered AD This Period” and “00-08-24” as the “Net Active Service This Period”.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

LLS____  CLG_____  RWG___  DENY APPLICATION

						Loren G. Harrell
						       Director