MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 October 2000                  
	DOCKET NUMBER:   AR2000047437

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 upgraded to an honorable discharge.

APPLICANT STATES:  He makes no contentions.

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

On 5 March 1996, the applicant enlisted in the Regular Army for 4 years.  

The applicant ‘s military record shows that he was sent to Fort Knox, Kentucky in March 1996, for basic training.  In May 1996, the applicant was assigned to Fort Gordon, Georgia for advanced individual training (AIT).  The applicant ‘s Personnel Qualification Record shows that he failed to complete AIT.  His military record also shows that while attending AIT he was counseled on five different occasions for failing to pass the Army Physical Fitness Test (APFT).

On 29 August 1996, the applicant was notified that his unit commander was recommending a discharge under the provisions of Army Regulation 635-200, paragraph 11, with an entry-level status performance and conduct discharge.
The commander’s recommendation was based on the applicant’s failure to pass the APFT.  He acknowledged notification and was advised of his rights by legal counsel of the basis for the contemplated separation action. The applicant waived personal appearance, consideration, and representation by counsel before a board of officers.  He was afforded the opportunity to submit statements in his own behalf, but declined to do so.

The appropriate authority approved the recommendation, waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized discharge.

On 20 September 1996, the applicant was discharged in pay grade E-2, under the provisions of Army Regulations 635-200, paragraph 11 (entry-level status performance and conduct) with an “uncharacterized” character of service discharge.  He completed 6 months and 16 days of creditable active service.

Army Regulation 635-200, provides in pertinent part for an entry level separation when the service member has not completed more than 180 days before the date of initiation of the separation action, it provides for the issuance of an uncharacterized discharge.

On 20 September 2000, the Army Discharge Review Board denied the applicant’s request for an upgrade.

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.  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 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.

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

__aao___  __mmd___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047437	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19960920	
DISCHARGE AUTHORITY	AR636-200, chapter 11	
DISCHARGE REASON	A29.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.2900	
2.		
3.		
4.		
5.		
6.