MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 December 2000                   
	DOCKET NUMBER:   AR2000046303

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry, Jr.		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 uncharacterized discharge be changed to a medical discharge.

APPLICANT STATES:  That it was not his fault that he was injured.  He has had to live with the dissatisfaction of (not) performing to his expectations and living in pain and going to bed with horrible thoughts on his mind.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 21 September 1989.  He completed basic training.

On 1 March 1990, separation action was initiated on the applicant under the provisions of Army Regulation 635-200, chapter 11 for entry-level status performance and conduct; specifically, the applicant was a 3-time Army Physical Fitness Test (APFT) failure.  An accompanying commander’s summary noted that the applicant had failed the end of course APFT and four APFT retests during his remedial training period.  He had been counseled.  The counseling sessions revealed that he did not want to remain in the military and that his inability to pass the AFPT could be the result of a poor motivation level.  The applicant was advised of his rights and he acknowledged notification of the action.  He elected not to submit a statement in his own behalf.  

The appropriate commander waived further rehabilitative efforts and approved his release from active duty with an uncharacterized discharge.  

On an unknown date (the available Certificate of Release or Discharge from Active Duty, DD Form 214, is unreadable), the applicant was released from active duty under the provisions of Army Regulation 635-200, chapter 11, for entry-level status.  His character of service was uncharacterized.  It appears he completed under 6 months of creditable active service.

The applicant’s service medical records are not available.

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.  Before initiating separation action, commanders will ensure that the soldier receives adequate counseling and rehabilitation in accordance with chapter 1, section II.  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 whatever the reason for the failure.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant provides no evidence of what injury he may have received and so the Board can make no determination concerning his contentions.

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

___jh___  __hof___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046303	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.