MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 October 2001                   
	DOCKET NUMBER:   AR2001057945

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Richard T. Dunbar 		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, compensation for being put out of the Army for no reason.   

APPLICANT STATES:  In effect, that he was put out of the Army for asking to go to the doctor for back pains.      

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

The applicant enlisted on 30 August 1973 for a period of 3 years.  

While in basic training, on 3 October 1973, the applicant was notified of his pending discharge under the provisions of Department of the Army (DA) Message 011510Z, dated August 1973, for the Evaluation and Discharge of Enlistees Before 180 Active Duty Days Program.  The unit commander based his recommendation for discharge on the applicant’s poor motivation and attempts to do things incorrectly.   

On 3 October 1973, the applicant acknowledged notification of his pending discharge.  He waived his right to counsel and elected not to have a separation medical examination or to submit statements in his own behalf.

The intermediate commander recommended that the applicant be discharged as recommended.    

The separation authority approved the recommendation for discharge on 
5 October 1973 and directed that the applicant be issued an honorable discharge.

Accordingly, the applicant was discharged with an honorable discharge on 
11 October 1973 under the provisions of DA Message 011510Z, dated August 1973, for the Evaluation and Discharge of Enlistees Before 180 Active Duty Days Program.  He had served 1 month and 12 days of total active service.

There is no evidence in the available records which shows the applicant was treated for or diagnosed with a back problem prior to his discharge. 

DA Message, with a date/time group of 011510Z August 1973, provided the standards and criteria for the program for evaluation and discharge of enlistees before 180 active duty days.  This program was implemented effective 
1 September 1973 pending the revision of Army Regulation 635-200.  This program was designed to enable commanders to expeditiously discharge the individual who lacks the necessary motivation, discipline, ability or aptitude to become a productive soldier when this individual:  (1) was voluntarily enlisted in the Regular Army, the Army National Guard or the Army Reserve; (2) is in basic combat training or basic training or in military occupational specialty (MOS) training or advanced individual training, A service school, in units or on job training prior to the award of an MOS or will have completed no more than 179 days active duty by the date of discharge, whichever occurs earlier, (3) has demonstrated that he is not qualified for retention for one or more of the following reasons:  (a) cannot or will not adapt socially or emotionally to military life; (b) cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability or motivation; (c) does not meet the moral, mental or physical standards for enlistment including disqualifying drug use in accordance with Army Regulation 601-210.  The program does not apply to personnel who should be eliminated under provisions of paragraph 13-5a, Army Regulation 635-200 for unfitness or, chapter 14, Army Regulation 635-200, fraudulent enlistment; or (d) has demonstrated character and behavior characteristics not compatible with satisfactory continued service.  Individuals discharged under the authority of this message were given an honorable discharge.  

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 considered the applicant’s contention that he was put out of the Army for asking to go to the doctor for back pains.  However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.      

2.  Evidence of record shows the applicant elected not to have a separation medical examination prior to his discharge.  Thereby, indicating that his physical status had not changed since his last physical examination.

3.  The applicant’s administrative separation was accomplished in compliance with DA Message 011510Z with no indication of procedural errors which would tend to jeopardize his rights.  

4.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.
 
5.  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.

6.  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

MKP___  KAK_____  RTD______  DENY APPLICATION

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

INDEX

CASE ID	AR2001057945	
SUFFIX		
RECON		
DATE BOARDED	20011002	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19731011	
DISCHARGE AUTHORITY	DA message 011510Z  	
DISCHARGE REASON	Evaluation and Discharge of Enlistees before 180 Active Duty Days Program	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	121.0200	
2.		
3.		
4.		
5.		
6.