MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           09 APRIL 2002
	DOCKET NUMBER:   AR2002067585

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, 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 his records be corrected by changing his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 11 (Primary Specialty) that he was awarded the Military Occupational Specialty (MOS) 11B.

APPLICANT STATES:  That he graduated from basic and advanced individual training and earned the MOS 11B, and his DD Form 214 should reflect that.  In support of his request the applicant submits a copy of his DD Form 214, the orders awarding him MOS 11B, and a copy of his diploma from the U.S. Army Infantry School.

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

He enlisted in the Regular Army on 13 April 2001 for a period of 4 years.  He successfully completed basic and advanced individual training as an infantryman.

On 13 September 2001, the applicant’s commander notified him that he was initiating action to separate him from military service prior to his expiration term of service, with an uncharacterized entry level separation.  The reason for the separation was the applicant’s inability to adapt socially or emotionally to military life.  The applicant acknowledged his commander’s actions and waived his right to legal counsel, declined a separation physical examination, and elected not to submit statements in his own behalf.  

On 21 September 2001, he was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct.  The applicant’s DD Form 214 indicates he had 5 months and 9 days of active service.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that item 11 (Primary Specialty) will contain the title of all MOS’s served for at least 1 year, and will include the number of years and months served, not counting basic and advanced individual training.  

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 served on active duty for 5 months and 9 days, and served in MOS 11B from 10 August 2001 until his separation on 21 September 2001, approximately 43 days.  The requirement for listing a primary specialty in item
11 of the DD Form 214, is 1 year.  The applicant served in MOS 11B for less than 2 months, thereby making it unauthorized for inclusion on his DD Form 214.   

2.  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 to show that there was an error or injustice in this 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

__RVO __  __RJW__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067585	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020409	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.