MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            24 July 2001      
	DOCKET NUMBER:   AR2000049366

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		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:  In effect, that his authority and narrative reason for discharge on his DD Form 214, Report of Separation from Active Duty be corrected.

APPLICANT STATES:  In effect, that the authority and narrative reason for separation are incorrect on his DD Form 214.

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

He enlisted in the Regular Army (RA) on 24 May 1977 for a period of 3 years and for training in military occupational specialty (MOS) 31M, Multichannel Communications Equipment Operator. 

The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army and the MEBD (medical board proceedings) are not in his record; however, the available evidence indicates the applicant underwent a medical evaluation and, on 6 October 1977, the MEBD recommended that the applicant be processed for discharge under the provisions of paragraph 5-9, Army Regulation 635-200. 

Accordingly, on 21 October 1977, the appropriate authority approved the applicant’s discharge under the provisions of paragraph 5-9, Army Regulation 635-200 for failure to meet established physical standards (no disability).  He was discharged with an honorable discharge, a reentry eligibility code of 3, a separation program designator code JFT, and 4 months and 28 days of active military service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5 of that regulation provides, in pertinent part, for the separation of personnel for the convenience of the government.  Paragraph 5-9 provides guidance for the discharge of personnel who do not meet medical fitness standards. 

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 Board noted the applicant’s contention that the authority and narrative reason for his separation are incorrect, but he provided no corroborating evidence in support of his contention.  

2.  After a thorough review of the applicant’s records and no evidence to the contrary, the Board presumed government regularity in the discharge process and concluded that the authority and narrative reason for separation were both proper and correct.
3.  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.

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___  _MVT__ _  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049366	
SUFFIX		
RECON		
DATE BOARDED	20010724	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20010724	
DISCHARGE AUTHORITY	AR 635-200, c5	
DISCHARGE REASON	Failure to meet established physical standards (no disability)	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	110.0200.0000	
2.		
3.		
4.		
5.		
6.