MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 October 2001                   
	DOCKET NUMBER:   AR2001061672

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 the reason and authority for her separation be changed.

APPLICANT STATES:  That she does not understand why there was no record of her requesting leave or a hardship discharge to care for her child while her grandmother (who cared for her child) was having/recovering from surgery.  She had gone through her chain of command and informed them of the problem.  She does not feel it was just to discharge her with a chapter 11, entry level performance and conduct separation after she had gone through her chain of command and her grandmother had spoken with the commander, also.  She provides as supporting evidence a note from her grandmother’s doctor verifying her grandmother was a patient (being followed for diabetes and mild pulmonary valve disorder) and a letter from her grandmother confirming she (the grandmother) had talked to several people at Fort Lee, VA concerning leave or a hardship discharge for the applicant.

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

The applicant enlisted in the Regular Army on 10 August 1999.  She completed basic training.  She completed advanced individual training on 13 January 2000.

The applicant had been counseled on several occasions concerning her disruptive behavior.  She accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on two occasions for failing to follow a direct order and failing to go to her appointed place of duty.

On 3 February 2000, the applicant’s commander recommended separation under the provisions of Army Regulation 635-200, chapter 11 based on the applicant’s disrespectful behavior and unwillingness to adapt to the military environment and after several attempts at rehabilitation to put forth effort to adapt to military life.

On 16 February 2000, after consulting with legal counsel, the applicant acknowledged notification of the proposed separation action.  She elected not to submit a statement on her own behalf.  On 23 February 2000, the appropriate authority approved the recommendation.

On 25 February 2000, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11 for entry level status performance and conduct.  Her character of service was “uncharacterized.”  She had completed 6 months and 16 days of creditable active service with no lost time.

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 does 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.

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.  It appears the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.  She had an opportunity to provide a statement on her own behalf and failed to do so.  Under all the circumstances and from her record of service, the Board concludes that a chapter 11 discharge was the appropriate authority for her separation.  

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

__slp___  __alr___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061672	
SUFFIX		
RECON		
DATE BOARDED	20011023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
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.