MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 August 2001
	DOCKET NUMBER:   AR2001059144

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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 her uncharacterized discharge be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that she was separated based on a preexisting medical condition and would like to receive her Montgomery GI Bill education benefits. 

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

On 8 August 2000, she enlisted in the Regular Army for 4 years for training in military occupation specialty (MOS) 88M (Motor Transport Operator).

The applicant was assigned to Fort Sill, Oklahoma to complete her MOS training and after just over 4 months of service she was processed for separation.  There is no separation packet on file containing the specific facts and circumstances surrounding her discharge processing.  However, the evidence of record does include a properly constituted Certificate of Release or Discharge from Active Duty (DD Form 214), authenticated by the applicant with her signature on the date of her separation, which documents the authority and reason for her discharge.  

The DD Form 214 confirms that on 19 December 2000, the applicant was separated from active duty, in the rank of private/E-1, after completing 4 months and 8 days of active military service.  This document also verifies that she was discharged under the provisions of paragraph 5-11, Army Regulation 635-200, by reason of failure to meet procurement medical fitness standards and that she was given an uncharacterized description of service.  

On 29 June 2001, the Army Discharge Review Board denied the applicant’s request for an upgrade of her discharge to honorable and found that the reason for discharge and characterization of service were proper and equitable.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides 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 or during active duty training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at that time, and that the medical condition does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  
By regulation, the characterization of service for soldiers separated under this provision of the regulation will be uncharacterized if the soldier is in an entry level status.  Army regulations confirm that a member 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.

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 desire to have her discharge upgraded to honorable in order to receive education benefits but finds this factor alone is not sufficient to warrant the requested relief.  

2.  By regulation, any individual who has served for less than 180 days at the time separation action is initiated, and is not being separated for misconduct, will be given an uncharacterized discharge.  The evidence of record confirms that the applicant was separated after completing just over 4 months of active military service and therefore, her uncharacterized discharge was appropriate.

3.  There is no separation packet on file containing the specific facts and circumstances surrounding the applicant’s separation processing, however, there is a properly constituted DD Form 214 on file, which was authenticated by the applicant.  This document confirms that she was discharged under the provisions of paragraph 5-11, for failure to meet procurement medical fitness standards. 

4.  In connection with such a separation, a medical proceeding must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the soldier from retention in the service.  The regulation mandates that the characterization of service for members separating for this reason who are in an entry level status will be uncharacterized.  

5.  In the absence of information to the contrary, the Board is satisfied that all requirements of law and regulation were met, the rights of the applicant were fully protected throughout the separation process, and it presumes government regularity in the discharge process.  

6.  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.

7.  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

__RJW    _  __BJE __  __JPI___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059144	
SUFFIX		
RECON		
DATE BOARDED	2001/08/02	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	200/12/15	
DISCHARGE AUTHORITY	AR 635-200  C5	
DISCHARGE REASON	ELS-Medical Procurement Fitness Standards	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.