MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 August 2001                   
	DOCKET NUMBER:   AR2001056632

	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:

	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 her uncharacterized discharge be changed to a medical discharge under honorable conditions.

APPLICANT STATES:  That her principal problem in basic training was inadequate medical care.  The fifth physician she saw identified her stress fracture.  This and her family problems caused her to seek someone with whom she could discuss her anxiety.  That was then used to support her discharge.

COUNSEL CONTENDS:  That the applicant’s submission, in conjunction with  the official Army records, amply advance the applicant’s contentions and substantially reflect the probative facts needed for equitable review.

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

She enlisted in the Regular Army on 18 August 2000.  On 25 August 2000, she was assigned to the Fitness Training Company, Fort Jackson, SC.

On 14 September 2000, the applicant was counseled for indicating she had a depressed and unmotivated state of mind and for showing by verbal and expressive language that she had trouble coping with the military.  She was informed that she was being recommended for evaluation by Community Mental Health Services.  An appointment for 15 September 2000 was made.

On 15 September 2000, the applicant received a mental status evaluation.  She was found to have the mental capacity to understand and participate in proceedings and to be mentally responsible.  She apparently indicated to the mental health specialist that she was having many family problems which were causing her to have a lack of concentration and motivation.  She apparently indicated that she had a past history of being abused both mentally and physically and that the training environment and the way she and her peers were treated brought back memories of her abuse.  She was diagnosed with an adjustment disorder with mixed anxiety and depressed mood.  It was recommended that her unit consider an administrative discharge based upon the findings.

On 26 September 2000, the applicant was counseled concerning her physical fitness test assessment.  (She passed the push-up and sit-up requirements but could not run one mile in the required 10 minutes and 30 seconds after 10 tries.)

Apparently, the applicant was given her first temporary profile for ankle pain on 26 September 2000.  It was renewed on 29 September and 6 October 2000.

On 10 October 2000, the applicant’s commander initiated separation action on her under the provisions of Army Regulation 635-200, chapter 11 for entry-level status performance and conduct; specifically, for adjustment disorder and repeated Army Physical Fitness Test failure.  The applicant was advised of the basis for the contemplated separation action.  She waived her right to counsel and did not submit statements in her own behalf.  The appropriate commander approved the applicant’s discharge.  

On 19 October 2000, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct.  Her character of service was described as uncharacterized.  She had completed       2 months and 2 days of creditable active service.

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.  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.)

Army Regulation 40-501 governs medical fitness standards for enlistment, retention, and separation.  Stress fractures are not listed as a cause for referral to a medical evaluation board.

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.  There is no evidence to show that the applicant’s statement to the mental health specialist that she was having many family problems which caused her to have a lack of concentration and motivation was coerced or misstated.  Lack of motivation is one of the reasons for a chapter 11 discharge.  In addition, stress fractures are not a cause for referral to a medical evaluation board and so she was not eligible for a medical separation.  She was discharged under the proper authority and the uncharacterized description of service was properly given.
3.  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___  __bje___  __wdb___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056632	
SUFFIX		
RECON		
DATE BOARDED	20010821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.