MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           25 March 1999                   
	DOCKET NUMBER:   AR1998014037

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Lester Echols		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 that he was honorably discharged and that he receive financial compensation for his post service unemployment.  (Analyst note:  financial compensation for the applicant’s post service unemployment does not constitute an error or injustice in the applicant’s military records and will not be addressed further.  If he feels the Army is to blame for his unemployment, he should address his claim to:  Army Claims Service, Office of The Judge Advocate General, Building 4411, ATTN: Affirmative Claims, Fort George G. Meade, Maryland 20755-5360.)

APPLICANT STATES:  That he was wrongfully terminated and that he was coerced into leaving the Army by the company commander.  He provided Internal Revenue Service documents and military documents which were submitted to the Board.

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

The applicant enlisted for a period of 2 years on 26 December 1995.

On 30 January 1996, a mental status evaluation recommended his return to duty and that corrective action be taken for any deficiencies he displayed while in training.

During the period 6 January to 23 February 1996, the applicant received           22 formal counseling statements for his failure to follow orders, disrespect, lost equipment, equipment unsecured, being out of uniform, and lying to an NCO.  He was also counselled on and entry level separations.

On 19 March 1996, the unit commander notified the applicant of his intention to separate him under Army Regulation 635-200, chapter 11, Entry Level Status (ELS) Performance and Conduct.  He also advised him of his rights.

On 22 March 1996, the applicant, after consulting with legal counsel, acknowledged notification of his proposed separation.  He also acknowledged that he understood, if approved, he would receive an ELS with uncharacterized service and elected not to waive his rights, elected to request consulting counsel; elected not to submit statements in his own behalf; and, elected to waive consideration of his case by an administrative separation board.

On 28 March 1996, the separation authority approved the applicant’s separation and directed that his characterization of service be classified as uncharacterized.

The applicant was discharged on 2 April 1996.

On 16 March 1997, the Army Discharge Review Board found his discharge to be proper and equitable and denied his request for discharge upgrade.

Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), provides for the separation of enlisted personnel.  Chapter 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applies to soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  The regulation states that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.  The regulation requires uncharacterized service for separation under this chapter.

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant’s overall record of military service.

2.  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.

3.  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

MKP____  EJA_____  LE_____  DENY APPLICATION

						Loren G. Harrell
						       Director

INDEX

CASE ID	AR1998014037	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990325	
TYPE OF DISCHARGE	Uncharacterized	
DATE OF DISCHARGE	19960402	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ELS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.110	Upgrade to HD	
2.128	Compensation for his unemployment	
3.		
4.		
5.		
6.