MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC9811508

	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	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 discharge be changed to a medical discharge.

APPLICANT STATES:  He served a short period of time and was discharged because he could not adjust.  He was having mental difficulties.  He is now a mental patient and has been homeless for a long time.

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

He completed his enlistment physical examination on 22 December 1976.  No mental problems were found, he stated he was in good health and he was found qualified for enlistment.  On 4 January 1977, he enlisted in the Regular Army.  He completed basic training but not advanced individual training.

On 18 April 1977, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for stealing one purse of an unknown value.

On 9 June 1977, the applicant accepted NJP under Article 15, UCMJ for being absent without leave (AWOL) from 9 - 31 May 1977.

On 12 June 1977, the commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, Chapter 5, trainee discharge program.  The commander noted the applicant had been a constant discipline problem since his arrival in the unit.

The applicant acknowledged notification of the action, made no statement, and checked that he did not desire a separation medical examination.

On 11 July 1977, the applicant accepted NJP under Article 15, UCMJ for breaking restriction.

On 13 July 1977, the appropriate authority approved the recommendation and directed he be given an honorable discharge.

On 20 July 1977, he was discharged with an honorable discharge in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 5-39.  He had completed 5 months and 25 days of creditable active service and had 22 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The pertinent paragraph in Chapter 5 provides that commanders may expeditiously discharge members who lack the necessary motivation, discipline, ability or aptitude to become productive soldiers when these individuals were voluntarily enlisted in the Regular Army, Army National Guard or U.S. Army Reserve; are in basic training or in advanced individual training and have completed no more than 179 days active duty or initial active duty for training on current enlistment by the date of discharge; and have demonstrated that they are not qualified for retention for reasons such as demonstrating character and behavior characteristics not compatible with satisfactory continued service 

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.

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

3.  The applicant was given an opportunity to undergo a final separation physical and chose to forego the same.  He has provided no evidence to show that he was not mentally competent or otherwise medically unfit for duty at the time of his separation.

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

                       DENY APPLICATION

                        	Loren G. Harrell
					 	Director