MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           18 APRIL 2002
	DOCKET NUMBER:   AR2002070979

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		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 his “Uncharacterized” service be changed to honorable or under honorable conditions (general).

APPLICANT STATES:  In effect, that he believes his uncharacterized discharge was unjust, that it was given to him without an explanation, and that the U.S.A. Handbook and his commanding officer told him that 6 months after his separation from military service his discharge would be upgraded.  In support of his request the applicant submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), and a letter of support from his brother.

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

On 12 September 1991, he enlisted in the Army Reserve for a period of 8 years.  He was ordered to initial active duty for training (IADT) for 33 weeks with a report date of 18 February 1992.  

On 20 May 1992, he was relieved from Dental Specialist (Basic) Course for academic deficiency.

On 9 June 1992, the applicant’s commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level status, with an uncharacterized discharge.  The reason for his commander’s action was the applicant’s failure to successfully complete military occupational specialty (MOS) training, also his parent unit had no other MOS available.  

On 24 June 1991, the applicant authenticated a statement with his initials and signature in which he waived legal counsel, acknowledged that he understood the basis for his commander’s action, and the rights available to him.  He elected not to submit statements in his own behalf, and requested an immediate discharge.   

On 26 June 1992, the appropriate separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 11, with an entry level separation, and determined that further rehabilitation and training would not be in the best interest of the U.S. Army.

On 10 July 1992, the applicant was discharged under the provisions of the above cited regulation.  His DD Form 214 indicates he had 4 months and 23 days of active service. 

The DD Form 214 issued to him at the time of separation and authenticated by him with his signature appropriately indicates his “Entry Level Status” separation and “Uncharacterized” service.

On 21 March 2001, the Army Discharge Review Board denied the applicant’s request for an upgrade of his characterization of service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel in an entry level status for unsatisfactory performance or conduct as evidenced by inability, lack of reasonable effort or a failure to adapt to the military environment.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharacterized separation is mandatory under this chapter.

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's administrative separation was accomplished in compliance with applicable regulations.  The applicant was in entry level status when he was separated from IADT and his service was appropriately uncharacterized.  

2.  There is no evidence in the available records to demonstrate that the applicant was the victim of arbitrary or capricious actions on the part of his chain of command.  On the contrary the record supports that the applicant was adequately advised of his rights and given the opportunity for legal counsel.  There is no evidence that shows there was a handbook or that the applicant was told that 6 months after his separation from military service his discharge would be upgraded.  

3.  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.

4.  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

__FNE __  __BJE___  __REB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070979	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020418	
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.