MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 September 2001                   
	DOCKET NUMBER:   AR2001058402

	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:

	Mr. Raymond V. O’Connor 		Chairperson	
	Mr. Eric N. Andersen 		Member	
	Mr. Thomas E. O’Shaughnessy 		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 uncharacterized discharge be changed to general.

APPLICANT STATES:  That he was informed that he was being discharged for failure to qualify at the rifle range by one shot.  He contends that he was also told the Army was over strength and he could enlist again in two years.  However, he was never given a chance for recycle.  He goes on to state that he was not informed of his legal rights or provided any legal counsel.  

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

The applicant entered active duty on 23 August 1982 for a period of 3 years.   While in basic training, the applicant was counseled on four occasions for his inability to qualify for basic rifle marksmanship, on occasion he was also counseled for aptitude and self discipline.     

On 25 October 1982 the applicant was notified of his pending separation under the provisions of Army Regulation 635-200, chapter 11, for entry level status performance and conduct (Trainee Discharge Program) due to aptitude and self-discipline.  

The applicant acknowledged notification of his proposed separation on 
25 October 1982, declined the opportunity to consult with counsel and elected not to make a statement on his own behalf.   

On 25 October 1982 the unit commander initiated action to separate the applicant under the provisions of Army Regulation 635-200, chapter 11.  He based his recommendation for separation on the applicant’s aptitude and self discipline.

On 26 October 1982 the separation authority approved the recommendation for separation and directed that the applicant’s character of service be uncharacterized.  

Accordingly, the applicant was discharged on 1 November 1982 under the provisions of Army Regulation 635-200, chapter 11, paragraph 11-3a, for entry level status performance and conduct (Trainee Discharge Program).  His character of service was characterized as entry level status - uncharacterized. 

There is no indication in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.  The regulation states that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.  The soldier’s service is uncharacterized when separated under this chapter.
 
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 applicant’s contention that he was informed he was being discharged for failure to qualify at the rifle range is not supported by the evidence of record.  Evidence of record does show that the applicant was counseled on four occasions for his inability to qualify for basic rifle marksmanship.  However, the applicant was notified of his pending separation under Army Regulation 635-200, chapter 11, for entry level status performance and conduct (Trainee Discharge Program) due to aptitude and self discipline on 25 October 1982. 

2.  The Board considered the applicant’s contention that he was not informed of his legal rights or provided any legal counsel.  However, evidence of record shows the applicant declined the opportunity to consult with counsel on 
25 October 1982.

3.  The applicant’s administrative separation was accomplished in compliance with applicable regulations 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 of 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

RVO____  ENA____  TEO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001058402	
SUFFIX		
RECON		
DATE BOARDED	20010927	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19821101	
DISCHARGE AUTHORITY	AR 635-200 Chapter 11  	
DISCHARGE REASON	For entry level status performance and conduct (Trainee Discharge Program)	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.