MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 December 1999
	DOCKET NUMBER:   AR1999022228

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 discharge be upgraded to an honorable discharge (HD).

APPLICANT STATES:  In effect, that he should be credited with 24 months of service because he was ready, willing, and able to serve his contracted period of service.  

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

There are no available records on the applicant; however, there is a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which documents that the applicant entered the Regular Army on 7 December 1982 at the age of 20.

The DD Form 214 also shows no acts of valor, significant achievement, or service warranting special recognition.  While the specific facts and circumstances pertaining to events which led to the applicant’s separation are not on file, the properly constituted DD Form 214 does document that he completed only 1 month and 8 days of active military service; that he was separated, under the provisions of Chapter 11, Army Regulation 635-200; that the reason for his separation was entry level status performance and conduct; and that his service was uncharacterized.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of that regulation provides, in pertinent part, that a member may be separated for unsatisfactory performance or conduct, or both, while in an entry level status.  A soldier is in an entry level status, if before the date of initiation of separation, they have completed no more than 180 days of credible continuous active duty.  Service for soldiers separated under this chapter is 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.  The specific facts and circumstances concerning events that led to the applicant’s discharge are not on file.  However, the Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty).  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.

2.  The applicant received an uncharacterized separation while in an entry level status (ELS).  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 may be expeditiously separated while in entry level status.  An honorable discharge is rarely ever granted for an ELS.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.

3.  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.

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

___hof __  __dw  ___  __mw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022228	
SUFFIX		
RECON		
DATE BOARDED	1999/12/21	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	1983/02/04	
DISCHARGE AUTHORITY	AR 635-200 C11	
DISCHARGE REASON	Entry Level Status	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.