MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 January 2001
	DOCKET NUMBER:   AR2000048665

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 separation code be changed to a more favorable code that will allow him to enlist in the Navy.

APPLICANT STATES:  That he was unjustly given a separation code of “JGA” which does not allow him to enlist in the Navy.  In support of his application he submits a copy of his report of separation (DD Form 214).

EVIDENCE OF RECORD:  The applicant's military records were not available for review by the Board.  However, the DD Form 214 provided by the applicant shows:

He enlisted in the Tennessee Army National Guard in Knoxville, Tennessee and entered active duty for training on 9 July 1998.  

On 31 August 1998 he was released from active duty and discharged from the United States Army Reserve (USAR) with an uncharacterized discharge under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct.  He had served 1 month and 22 days of total active service. 

On 3 October 2000, he applied to the Army Discharge Review Board (ADRB) for a change in his separation code.  He cited at that time to the ADRB that he received his entry level discharge because it was his first time away from home, he was immature and his mother had a miscarriage.  He went on to state that he is now 20 years of age and has matured to the point that he is ready to serve his country in the Navy; however, he cannot enter the Navy with the separation code that is on his DD Form 214.

The ADRB also did not have the applicant’s records for review and presumed regularity in the administrative separation process.  The ADRB noted that the applicant received the appropriate “uncharacterized” discharge, separation code and reentry code for the type of separation he received.  The ADRB voted unanimously to deny the applicant’s request.

Army Regulation 635-200 serves as the authority for enlisted separations.  Chapter 11 of that regulation provides, in pertinent part, for the separation of personnel due to unsatisfactory performance, conduct or both while in an entry level status.  Separation under this provision requires uncharacterized service for separation.

Army Regulation 635-5-1 provides the separation codes to be entered on the DD Form 214 at the time of separation.  It provides, in pertinent part, that the separation code “JGA” will be issued for personnel discharged with uncharacterized service for entry level performance and conduct.

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 the absence of evidence to the contrary, the Board must presume that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no violations of any of the applicant’s rights. 

2.  Given the available evidence and the presumption of administrative regularity, it appears that the applicant’s service was properly deemed “uncharacterized” and that he received the proper separation code required by the applicable regulation in effect.

3.  While the Board understands the applicant’s desire to enlist in the Navy, the separation issued to the applicant was correct and the Board has no control/jurisdiction on what separation codes the Navy deems appropriate for enlistment at any given time.

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 this 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

__mm___  ____js __  ___jtm  __  DENY APPLICATION

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

INDEX

CASE ID	AR2000048665	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CHG SEP CODE	
2.		
3.		
4.		
5.		
6.