MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           1 February 2001                  
	DOCKET NUMBER:   AR2000045822

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. James E. Anderholm 		Member	
	Ms. Barbara J. Lutz 		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, the applicant requests physical disability discharge.  

APPLICANT STATES:  In effect, he states that his medical records were not available at the time of his discharge; therefore, a proper decision as to the type of discharge he should receive could not be made.    

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

The applicant enlisted in the Wisconsin Army National Guard for eight years on 19 November 1998.  The record of his enlistment physical examination on that same date shows that he was qualified for enlistment with a physical profile serial of 1 1 1 1 1 1.  In the report of medical history he furnished for the examination, the applicant stated that his health was good.

He was ordered to initial active duty for training with a reporting date to Fort Benning, Georgia of 14 July 1999.  

On 16 October 1999 his commanding officer notified him that he was initiating action to separate him from active duty under the provisions of Army Regulation 635-200, paragraph 11-2 (entry level separation), because of his failure to adapt to military life.

The applicant acknowledged receipt of the proposed separation action, its consequences, and stated that he did not desire to make a statement or submit a rebuttal in his behalf.  He also stated that he did not desire a separation medical examination.  He stated that he did not desire to consult with military or civilian counsel.

The applicant’s commanding officer recommended to the separation authority that the applicant be discharged.  Included with his recommendation was a record of 14 counseling sessions between the applicant and his drill sergeant and other NCOs, from July through October of 1999.  The record shows that he was counseled for failing the physical fitness test and for lack of motivation.

The separation authority approved the recommendation and directed that the applicant receive an entry level separation and his service be uncharacterized.  The applicant was released from active duty and discharged from the Reserve of the Army on 16 November 1999, and returned to his Army National Guard unit.  He had 4 months and 4 days of service.  On that same day the Wisconsin Army National Guard discharged him from that component.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military
environment.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharacterized separation is mandatory under this chapter.  

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

Army Regulation 635-40 states in pertinent part, that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

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 discharge proceedings were conducted in accordance with applicable law and regulations with no indication of procedural errors which would tend to jeopardize his rights.  The character of the discharge is appropriate and in accordance with regulations. 

2.  There is no evidence nor has the applicant provided any, to show that he had any medical problems while on active duty.  He himself stated that he did not want a separation medical examination.  Absent information to the contrary, the applicant was medically fit for separation. 

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

4.  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 that requirement.

5.  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

___jea___  ___lls___  ___bjl___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045822	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  177	108.00	
2.	110.00	
3.		
4.		
5.		
6.