MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            19 August 1999
	DOCKET NUMBER:    AR1999027847

	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. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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 the reason for his discharge be changed to medical.

APPLICANT STATES:  In effect, that at the time of his discharge he was an inpatient at Kenner Army Hospital, Fort Lee, Virginia.

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

On 14 March 1979, the applicant enlisted in the United States Army Reserve (USAR) for 6 years.  On 16 March 1979, the applicant was ordered to active duty for training and reported to Fort Jackson, South Carolina for basic training.  Upon completion of basic training the applicant was assigned to Fort Lee, Virginia to train in military occupational specialty (MOS) 76D (Material Supply Specialist).

On 25 June 1979, the applicant was relieved from the 76D course based on a negative attitude and a complete lack of interest in the course.  The applicant was than placed in the 76W course.  On 18 July 1979, the applicant was relieved from the 76W course for failing examinations, sleeping in class, and a lack of interest and application.  On 20 July 1979, the applicant’s reserve unit was contacted and advised that the applicant had been dropped from these courses at which time they recommended he be processed for discharge.

On 10 July 1979, the applicant underwent a complete Physical examination.  The applicant reported himself in good health, and there was no indication, either in the applicant’s report on his medical history or in the report of medical examination, that the applicant was suffering from any illness or experiencing any disabling medical problems at the time.  Upon completion of the physical examination the applicant was cleared for separation by competent medical authority.  

On 25 July 1979, the applicant’s unit commander advised the applicant that separation action was being initiated, under the provisions of Paragraph 5-33, AR 635-200, the Trainee Discharge Program (TDP).  The separation action was based on the applicant being relieved from two MOS producing courses and on the recommendation of his reserve unit.  The applicant was personally interviewed and his records fully reviewed and evaluated by the intermediate level commander who recommended he be discharged as expeditiously as possible as recommended by his reserve unit.

On 2 August 1979, the appropriate authority approved the applicant’s separation and directed he receive an honorable discharge.  Accordingly, on 7 August 1979 the applicant was discharged after completing 4 months and 22 days of active military service.  This information is evidenced by a properly constituted DD Form 214 (Report of Separation from Active Duty), signed by the applicant, which is contained in the record.  
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5 provided the policy and prescribed the procedure for the separation of soldiers for the convenience of the government.  Paragraph 5-33 allowed for the separation of individuals, under the provisions of the Trainee Discharge Program, who lacked the necessary motivation, discipline, ability, or aptitude to become a productive soldier.  

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 Board noted the applicant’s contention that he was an inpatient in the hospital at the time of his separation.  However, the Board concluded that this claim is not supported by either the evidence of record or the independent evidence submitted by the applicant.  The record shows that the applicant indicated he was in good health during his physical examination taken just prior to his discharge, and that he was cleared for separation by competent medical authority.

2.  In order to justify a correction of a military record the applicant must show to the 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

___cmf__  ___cla___  __mm___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027847	
SUFFIX		
RECON		
DATE BOARDED	1999/08/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1979/08/07	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.00	
2.  855	A93.21	
3.  363	A01.00	
4.		
5.		
6.