MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 December 2001
	DOCKET NUMBER:   AR2001060725

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 his uncharacterized discharge be upgraded to an honorable discharge. 

APPLICANT STATES:  In effect, that he served honorably prior to receiving an injury that resulted in his separation from active duty.  In addition, he comments that he served in a United States Army Reserve (USAR) unit for an additional 
2 years after his release from active duty.  

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

On 29 June 1989, he enlisted in the USAR and he was ordered to active duty to attend a training course in military occupation specialty (MOS) 82B (Construction Surveyor).  The record confirms that during this training, he suffered a stress fracture to his left ankle.

The applicant’s discharge packet is missing from his military records.  However, his separation document (DD Form 214) shows that on 18 December 1989, he was administratively released from active duty with an uncharacterized discharge.  The authority for his separation was chapter 4, Army Regulation 
635-200, by reason of completion of active duty training.  At the time of his separation, he had completed a total of 4 months and 18 days of active military service.

On 25 August 1999, the Army Discharge Review Board determined that the applicant’s uncharacterized discharge was proper and equitable and denied his request that it be upgraded to an honorable discharge. 

Army Regulation 635-200, chapter 3, paragraph 3-9, identifies different service 
characterizations and under what circumstances they are authorized.  It states, in pertinent part, that members who are in an entry level status will receive an uncharacterized separation when they have served for less than 180 days at the time they are released from active duty or their  initial active duty for training, if they are not being separated for misconduct.  This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty. Chapter 4, provides for the discharge or release of soldiers from active duty upon termination of enlistment, and other periods of active duty or active duty for training.  It states, in pertinent part, that the service of soldiers who are separated at the completion of their initial active duty for training, who have served on active duty less than 180 days, will be uncharacterized.  

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 evidence of record clearly shows that the applicant was separated at the completion of his initial active duty for training while in an entry level status, after completing less than 180 days of active duty service. 

2.  By regulation, soldiers separated from their initial active duty for training after serving on active duty for less than 180 days will be considered in an entry level status, and that their service will be uncharacterized. Therefore, the Board concludes the applicant’s separation processing was accomplished in accordance with the applicable regulation and that based on his being in an entry level status his service was appropriately uncharacterized.  Therefore, it finds the requested relief is not warranted. 

3.  The Board notes the applicant’s contention that he served in a USAR unit for 2 years after his release from active duty; however, this factor has no bearing on the uncharacterized separation he received at the completion of his active duty for training and therefore, it provides no basis for an upgrade of his discharge. 

4.  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.

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

__JHL__   _ _MKP__  __ENA__  DENY APPLICATION

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

INDEX

CASE ID	AR2001060725	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/04	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19891218	
DISCHARGE AUTHORITY	AR635-200 .  .  .  .  .  	
DISCHARGE REASON	Completion of ADT	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.