MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC9811600

	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 general discharge be changed to an honorable discharge.

APPLICANT STATES:  The applicant makes no statement.

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

On 8 August 1986, he enlisted in the U. S. Army Reserve.  He was ordered to report to initial active duty for training (IADT) on 24 January 1987.  He completed basic training and was sent for advanced individual training in military occupational specialty (MOS) 31K (Combat Signaler).

On 8 June 1987, the applicant’s commander recommended he be separated from the service because he could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  He failed the academic portion of the 31K course.  He placed little or no effort towards improving because he did not like the MOS.  He had difficulty adapting to the military because of his lack of motivation and self-discipline.

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

The appropriate commander approved the recommendation, directed that the applicant be transferred to the Individual Ready Reserve and, as this was an entry level separation, that his service be uncharacterized.

On 17 June 1987, the applicant was released from active duty, 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 3 days of creditable active service and had no days lost time.  

On 30 August 1994, he was discharged from the U. S. Army Reserve.

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.

On 9 October 1998, the Army Discharge Review Board (ADRB) denied the applicant’s request for a change in his discharge but did direct an administrative correction to change his character of service from “Entry level status” to “Uncharacterized.”

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.  He did not receive a general discharge.  He received an uncharacterized separation, the reasons for which were appropriate considering all the facts of the case.  The ADRB directed an administrative correction to show the correct character of service description.

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