MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            15 June 2000                  
	DOCKET NUMBER:   AR1999020785

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr. 		Chairperson	
	Ms. Kathleen A. Newman 		Member	
	Ms. Margaret V. Thompson  		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 uncharacterized entry level separation (ELS) be changed to an honorable discharge due to physical disability.  In support of his request the applicant submits documents and a letter of recommendation from subsequent job corps schooling.   

APPLICANT STATES:  That he did not complete training because of his injuries and not because of a lack of motivation; and that he was forced to except an ELS by his superiors.  

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

On 29 April 1998, he enlisted in Regular Army for a period of 4 years.

On 15 June 1998, the applicant was counseled for three APFT (Army Physical Fitness Test) failures. 

On 16 June 1998 the applicant went on sick call for pain in his right foot and left leg, and was issued a profile.  There is no information in his records that state when his profile was lifted, however on 27 July 1998, he was notified that a new start packet had been initiated which was to begin with training week 5.

On 22 June 1998, he was counseled for disobeying a lawful order and for displaying a severe lack of discipline and refusing to conform to military standards, in that he refused to obey a lawful order to clean his assigned part of the bay.  The applicant was counseled on numerous occasions for missed training, failure to meet unit standards, APFT failures, and a safety violation.  

On 1 August 1998, his company commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200, chapter 11, because of his demonstrated character and behavior characteristics which were not compatible with satisfactory continued service; that he was restarted due to consistent APFT failures, missed mandatory training; and his statement that he was not motivated to train. 

On 1 August 1998, after consulting with legal counsel, the applicant acknowledged notification of his commander’s proposed uncharacterized entry level separation; elected not to make a statement in his own behalf; declined a separation medical examination; and waived his rights to military and civilian counsel.  

On 3 August 1998, the applicant’s unit commander recommended that he be separated under the provisions of Army Regulation 635-200, chapter 11, with an uncharacterized entry level separation.

On 6 August 1998, the separation authority approved the recommendation and directed that an entry level separation be issued.  On 25 August 1998 the applicant was separated under the provisions of Army Regulation 635-200, chapter 11.  He had 3 months and 27 days of creditable service.

On 26 March 1999, the Army Discharge Review Board (ADRB) determined that the applicant was properly and equitably discharged and denied his request to upgrade his discharge.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment.  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. These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharacterized separation is mandatory under this chapter.

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

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.  

2.  The applicant has failed to submit evidence that would satisfy the requirement of paragraph 1 above.

3.  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.

4.  There is no evidence in the applicant’s records to substantiate his claim that he was forced by his chain of command to accept an ELS.

5.  The evidence of record indicates he did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

6.  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

__owt___  ___kan___  ___mvt__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999020785	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000615	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2.		
3.		
4.		
5.		
6.