MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 December 1999                   
	DOCKET NUMBER:   AR1999028096

	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:

	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 the DA Form 4856, General Counseling Form be removed from her records and the reason for her discharge be changed.

APPLICANT STATES:  That she was treated unconstitutionally.  She was given no incentive to be motivated from her first day at basic training.  She is a 35-year old single parent and she is tired of the Authorities making her look as if she is an uncontrollable person out to disrupt the system.  She provides one DA Form 4856 as supporting evidence.

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

She enlisted in the U. S. Army Reserve on 13 January 1999.  On 2 March 1999, she began initial active duty for training.

On 15 April 1999, the applicant was counseled concerning – lack of motivation, disrespect to a non-commissioned officer, distractor to other soldiers, lack of discipline, bad attitude, disrespect to other soldiers, and failure to follow orders.

On 19 April 1999, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 11, entry- level performance and conduct -- lack of motivation.

After being advised by consulting counsel of the basis for the action, the applicant acknowledged receipt of notification of the proposed action and submitted a statement in her own behalf.  She stated she only planned (financially/economically) to stay for a period of time.  She was not adapting to Army life as fast as the drill sergeants would have liked.  She felt she had no control of other soldiers and could not make them like her.  She could not control other soldiers nor could they control her.  She believed in individuality and the Army believed the opposite.  If she had more time, she would have tried to make more of an effort but as a single parent with a mortgage and other bills, if she stayed longer her plans would have been jeopardized.

On 21 April 1999, the appropriate commander approved the recommendation.

On 27 April 1999, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 11.  She had completed 1 month and 26 days of creditable active service.  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.

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.  A Chapter 11 discharge is used for entry-level soldiers not qualified for retention for one of several reasons, including lack of motivation.  The Board concludes that her own statement submitted with the separation packet showed she lacked the motivation to make it through basic training.  The Board finds that she has provided no evidence to show the counseling form contained false information.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

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

__hof___  __mw____  __dw____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028096	
SUFFIX		
RECON		
DATE BOARDED	19991221	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19990427	
DISCHARGE AUTHORITY	AR 635-200, Ch 11	
DISCHARGE REASON	A92.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.