MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 September 2001                   
	DOCKET NUMBER:   AR2001061351

	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. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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 administrative discharge be changed to a medical discharge.

APPLICANT STATES:  That her physical therapist requested that she not go to basic training because of her back injury but her commander thought it would be faster if he administratively processed her.  She provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from alternate sources.

The applicant enlisted in the Regular Army on 22 March 2001.  She was assigned to a Fitness Training Unit.

On 30 April 2001, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, chapter 11, entry- level performance and conduct.  He cited the applicant’s inability to pass the Army Physical Fitness Test (she had failed to meet the minimum standards for the run portion five times).  

On 30 April 2001, the applicant acknowledged notification of the proposed separation action.  She understood that, if approved, she would receive an entry-level separation – uncharacterized.  She waived her rights.  

On 4 May 2001, the appropriate authority approved the recommendation and directed the applicant be discharged with an entry-level separation – uncharacterized.

On 8 May 2001, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11.  She had completed 1 month and 17 days of creditable active service.  Her character of service was uncharacterized.

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 do 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.  An uncharacterized description of service is required for soldiers in an entry-level status.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purpose of his employment on active duty.  In pertinent part, it states that commanders of medical treatment facilities who are treating soldiers may initiate action to evaluate the soldier’s physical ability to perform the duties of his or her office, grade, or rank. 

On 15 August 2001, the Army Discharge Review Board (ADRB) denied the applicant’s request for a change in the characterization of her 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.  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.  The applicant’s service medical records are not available.  She provides no evidence to show that her physical therapist recommended she not go on to basic training.  Even so, her physical therapist could have recommended that action be initiated to evaluate her physical ability to perform the duties of her office, grade, or rank.  There is no evidence of record and she provides none to show that her physical therapist did so.  In the absence of such evidence, it appears that her administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.  A chapter 11 discharge is used for entry-level soldiers not qualified for retention for one of several reasons, including if they cannot meet the minimum standards prescribed for successful completion of training because of a lack of ability.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

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

__jns___  __le____  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR 2001061351	
SUFFIX		
RECON		
DATE BOARDED	20010925	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	20010508	
DISCHARGE AUTHORITY	AR 635-200, ch 11 	
DISCHARGE REASON	A25.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.