MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 September 1999                   
	DOCKET NUMBER:   AR1999024378

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		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 her uncharacterized discharge be changed to a medical discharge.

APPLICANT STATES:  That she tried her best to complete her training but her injury did not allow her to.  She was placed in a hold status.  During that time her new command mistreated her.  She had orders to limit her work and they forced her to work to the max.  She has filed a claim with the VA.  No supporting documentation is included.

COUNSEL CONTENDS:  Counsel makes no contention.

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

She was born on 25 January 1981.  She enlisted in the Regular Army on 5 March 1998.

On 22 April 1998, the applicant’s commander recommended her for “New Start” with another basic training company.  She apparently had been placed on a physical profile until 1 May 1998.

On 29 June 1998, the applicant underwent a mental status evaluation.  She had informed the psychiatrist she was placed in a holdover platoon for stress fractures and went absent without leave (AWOL) 1 - 4 June 1998 (there is no evidence of this period of AWOL in her records).  She wanted out of the Army and claimed she had refused to train.  She stated she received an Article 15 (not available) with 45 days extra duty and threatened to leave again if she had to remain longer than her extra duty time.  No diagnosis or impression was made.  She had written a statement while at Mental Health, asserting she wanted to go home because it was very stressful to stay in the Army.  She saw all her battle buddies graduate while she was in hold.  She had too many problems at home.   Being so long in a hold status made her lose her motivation.  She told “them” that if they sent her home now, and she calmed down, she would come back later because she liked the Army.  But “they” kept her longer and longer and now she just wanted to get out no matter how even if that would cost her her own life.

On 7 July 1998, the applicant underwent another mental status evaluation.  She was found to have the mental capacity to understand and participate in proceedings and to be mentally responsible.  She was diagnosed with an adjustment disorder.  Although she denied suicidal or homicidal ideation she apparently expressed suicidal ideation prior to her admission (for evaluation) because she wanted to be discharged.  She was cleared for any administrative action deemed necessary by the command.

On 13 August 1998, the applicant’s commander initiated action to separate her under the provisions of Army Regulation 635-200, Chapter 11 because she could not adapt socially or emotionally to the military lifestyle.

On 13 August 1998, the applicant declined the opportunity to consult with counsel and did not submit a statement in her own behalf.  

A memorandum for record from the applicant’s commander dated 19 August 1998 notes “She was later determined fit for duty…”

On 20 August 1998, the applicant departed AWOL.

On 24 August 1998, the appropriate commander approved the recommendation.

The applicant returned to military control 13 September 1998.

On 9 October 1998, the applicant was discharged, under the provisions of Army Regulation 635-200, Chapter 11, Entry Level Performance and Conduct.  She had completed 6 months and 10 days of creditable active service and had 25 days of lost time.  Her character of service was uncharacterized.

Army Regulation 635-200, 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.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purpose of his employment on active duty. 

The mission of the Veterans Benefits Administration is to provide benefits and services to veterans and their families in a responsive, timely and compassionate manner in recognition of their service to the nation.  Title 38, U. S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.

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

3.  The applicant’s medical records are not available but the commander had noted in a 19 August 1998 memorandum for record “She was later determined fit for duty…”  She provides no evidence to refute this statement.

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

__mmd___  __svw___  __vbc___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024378	
SUFFIX		
RECON		
DATE BOARDED	19990916	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.