MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 October 2000                   
	DOCKET NUMBER:   AR2000045198

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 his discharge be changed to honorable.

APPLICANT STATES:  That he was given a general discharge for failing to pass the push-up portion of his Army Physical Fitness Test (APFT).  This discharge is preventing him from becoming a recruit with the Michigan State Police.  He provides three letters supporting his request to change his discharge from general to honorable and a letter from the Michigan Department of State Police noting he received an uncharacterized discharge instead of an honorable discharge.

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

He enlisted in the Regular Army on 25 March 1994.  He completed basic training. 

On 5 July 1994, separation action on the applicant under the provisions of Army Regulation 635-200, chapter 11 for entry-level status performance and conduct was initiated.  The specific reason for the action was his failure to achieve the level of physical fitness required for him to graduate.  He had arrived in the unit completing only 6 push ups and had shown little improvement.  The commander requested waiver of the rehabilitative transfer requirement because he felt the applicant would not be able to pass the APFT after failing five diagnostic AFPTs. The applicant was advised of his rights, he acknowledged notification, and he waived consulting counsel.  He submitted a statement on his own behalf.  He stated that it was not fair that he should be discharged for having one negative point against him when he really wanted to be in the Army and otherwise he was a good soldier. 

On 11 July 1994, the appropriate commander waived further rehabilitative efforts and approved the applicant’s discharge with an uncharacterized discharge.  

On 14 July 1994, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct.  He had completed 3 months and 20 days of creditable active service.

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.  Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status.  (For Regular Army soldiers, entry level status is the first 180 days of continuous active duty.)

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 this 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 if they cannot meet the minimum standards prescribed for successful completion of training because of a lack of ability.  Failure to pass the APFT is considered a lack of ability. 

3.  The applicant was not given a general discharge.  He was given an uncharacterized discharge.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.  An uncharacterized discharge is not meant to be a negative reflection of a soldier’s military service.  It merely means that the soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. Potential civilian employers should not consider his separation as being not an honorable discharge; he simply was not in the Army long enough for his service to be characterized.

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

__jns___  __rjw___  __rtd___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000045198	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.