MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 August 2001
	DOCKET NUMBER:   AR2001056154

	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. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 and narrative reason for separation on his report of separation (DD Form 214) be changed to a more favorable code and reason that will allow him to draw unemployment benefits.

APPLICANT STATES:  In effect, that he was discharged with an uncharacterized discharge after serving 4 months and 8 days of active service due to discovery that he had Hepatitis C.  He goes on to state that it should have been discovered at the time of enlistment to prevent his induction and his discharge now prevents him from receiving unemployment benefits.

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

He enlisted in Philadelphia, Pennsylvania on 12 September 2000 for a period of 4 years, training as a multiple launch rocket system crewmember and a $13,000.00 cash enlistment bonus.

The facts and circumstances surrounding the applicant’s discharge are not present in the available records.  However, his records do contain a duly constituted DD Form 214, which was signed by the applicant at the time of separation.  It shows that he was discharged, with his service uncharacterized, at Fort Sill, Oklahoma on 19 January 2001, under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical standards.  He had served 4 months and 8 days of total active service and was issued a separation code of “JFW”.

The applicant applied to the Army Discharge Review Board (ADRB) for a change of his separation code and narrative reason for separation on 10 June 2001.  He cited the same reasons to that board that he has cited to this Board.  The ADRB opined that the applicant was properly discharged with the appropriate separation code and narrative reason for separation.  The ADRB voted unanimously to deny his request on 9 August 2001.

Army Regulation 635-200 provides the policies and procedures for the separation of enlisted personnel.  Paragraph 5-11 provides, in pertinent part, that soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the soldier’s initial entrance on active duty and the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at 

the time.  The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry level status.  Entry level status is defined as less than 180 days of creditable continuous active duty prior to the initiation of separation action. 

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.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

3.  The applicant was separated under the provisions of Army Regulation       600-200, chapter 5 for failure to meet procurement medical fitness standards.  Accordingly, his service was uncharacterized and he was properly issued a separation code of “JFW” in accordance with the applicable regulations.

4.  While the Board can understand the applicant’s concerns, an uncharacterized separation was designed to not attach any stigma to a person’s service because they failed to complete the initial training required.  Unfortunately, the Board has no jurisdiction over how individual States administer their social service programs.

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

__jev ___  ___wb___  ___be___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056154	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  191	110.0200/RSN/AUTH	
2.		
3.		
4.		
5.		
6.