MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:     17 December 1998         
	DOCKET NUMBER:   AC98-11062
				   AR1998002464

	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	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Kenneth L. Wright		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 records be corrected to show the characterization of his discharge as honorable. 

APPLICANT STATES:  That the reason for separation should reflect that his medical condition pre-existed his entry into the service; and that the condition that he was discharged for was properly listed before his enlistment.

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

On 3 April 1997, he enlisted in the Regular Army for a period of 3 years.

On 21 April 1997, an Entrance Physical Standard Board (EPSBD) recommended that the applicant be separated from the Army for failure to meet medical procurement standards in accordance with Army Regulation 40-501.  The examining physicians determined that the applicant’s condition existed prior to his enlistment.

On 21 April 1997, the medical approving authority approved the EPSBD findings.

On 25 April 1997, the applicant acknowledged that he was informed of the medical findings; that he understood that legal advice of an attorney employed by the Army was available to him, or that he could consult with a civilian counsel at his our expense.  He concurred with the boards findings and requested to be discharged for the US Army without delay.

On 25 April 1997, the applicant’s unit and intermediate commanders recommended that he be separated from the service, and on 29 April 1997, the separation authority approved the applicant’s separation. 

On 6 May 1997, the applicant received an uncharacterized separation, while in an entry level status (ELS), under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards.  His Report of Separation indicates he had 1 months and 4 days of creditable service.

A soldier is in entry level status for the first 180 days of continuous active duty.  The purpose of the entry level status is to provide the soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers or who fail to meet procurement medical fitness standards may be expeditiously separated while in entry level status.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, then in effect, set forth the conditions under which enlisted personnel could be discharged, released from active duty, or active duty for training, or released from military control, for the convenience of the Government.  Paragraph 5-11 provided the policies and procedures for separating enlisted personnel who did not meet procurement medical fitness standards.   
Army Regulation 635-200, paragraph 5-1, states that soldiers separated for the convenience of the Government while in an entry level status will receive an uncharacterized description of service; that no soldier will be awarded a character of service of under honorable condition under this chapter unless the soldier is notified of specific factors in his or her service record that warrant such a characterization.

On 23 April 1998, the Army Discharge Review Board denied the applicant’s request to upgrade his discharge.

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 discharge proceeding were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant being in an entry level status and his failure to meet procurement medical fitness standards. 

3.  The fact that the applicant’s medical condition existed prior to his enlistment has no bearing on the characterization of his discharge.  

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

_klw____  ___mhm__  __klw___  DENY APPLICATION

						Loren G. Harrell
						Director