MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 September 1999                   
	DOCKET NUMBER:   AR1999023939

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Christopher J. Prosser		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 changed to a general discharge under honorable conditions.

APPLICANT STATES:  No contention submitted.  The applicant has submitted documents in support of his request.  

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

On 19 July 1982, the applicant enlisted in the Regular Army for 3 years.

The applicant’s military records indicates that on numerous occasions the applicant was formally counseled for his poor duty performance, for his lack of interest and motivation, for his poor attitude, for failure to obey orders, for fighting and for his failure to complete the military occupational specialty training.  His record also indicates that he told his superiors on many occasions that he did not want to be in the Army.   

On 9 November 1982, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 11 (Trainee Discharge Program).  The commander’s recommendation was based on the applicant’s lack of interest and motivation, failure to respond to counseling, failure to complete MOS training and actions indicating that he could not be rehabilitated for productive military service.  The applicant acknowledged notification of the proposed separation from the Army; that he understood that due to non-completion of requisite active duty time, VA and other benefits normally associated with completion of honorable active service will be affected.  He further acknowledged he would receive an entry level separation with an uncharacterized service; that he would not be permitted to apply for reenlistment in the Army within 2 years from the date of separation, and that he would need to request a waiver to return to active duty.  The applicant also waived the separation medical examination.

On 15 November 1982, the appropriate authority approved the recommendation. On 19 November 1982, he was discharged, under the provisions of Army Regulation 635-200, paragraph 11-3a (entry-level status), with an “uncharacterized” character of service discharge.  He had completed 4 months and 1 day of creditable active service.   

Army Regulation 635-200 set forth the basic authority for the separation of enlisted personnel.  Chapter 11, paragraph 3a of that regulation, in effect at the time, provided, in pertinent part, for the separation of personnel 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.  However, the regulation provided for the issuance of an uncharacterized discharge for soldiers in an entry level status such as the applicant who has completed less than 6 months of creditable active service, at the time of initiation of separation action.    

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 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.  

3.  While the Board is empathetic, the applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.

4.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of this case.

5.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

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

__ejo ___  __inw ___  __cjp ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023939	
SUFFIX		
RECON		
DATE BOARDED	19990909	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19821119	
DISCHARGE AUTHORITY	AR635-200, para 11 .  .  .  .  .  	
DISCHARGE REASON	A29.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.2900	
2.		
3.		
4.		
5.		
6.