MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 March 2003
	DOCKET NUMBER:   AR2002072340

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. William D. Powers		Member	
	Ms. Linda M. Barker		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 her uncharacterized discharge be upgraded to honorable, or general under honorable conditions.

APPLICANT STATES:  That she didn't do anything wrong.

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

She enlisted in the Regular Army for 4 years on 22 November 1996.  She was assigned to Fort Jackson, South Carolina, for basic training and advanced individual training in military occupational specialty (MOS) 71L, Administrative Specialist.

The applicant completed basic training.  While undergoing advanced individual training, she became pregnant.  Her pregnancy interfered with her ability to complete her training and her commander, on 6 March 1997, recommended her separation under the provisions of chapter 11, Army Regulation 635-200, for entry level performance and conduct.  She was advised of her rights and of the impact of the proposed separation action.  She waived legal counsel and elected not to submit a statement in her own behalf.  On 13 March 1997, the separation authority directed the applicant's separation with an uncharacterized discharge.

On 19 March 1997, the applicant was separated with an uncharacterized discharge under the provisions of chapter 11, AR 635-200, for entry level performance and conduct.  She had 3 months and 28 days of creditable service.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering her case on 3 April 2002, denied her request.

AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 provides that a member may be separated for unsatisfactory performance or conduct, or both, while in an entry-level status.  A soldier is in an entry-level status if, before the date of initiation of separation, he or she has completed no more than 180 days of creditable continuous active duty.  Service for soldiers separated under chapter 11 is 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.  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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is correct given the applicant's status as an entry-level soldier.

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

__rjw___  __wdp___  __lmb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072340	
SUFFIX		
RECON		
DATE BOARDED	20030304	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19970319	
DISCHARGE AUTHORITY	AR 635-200 C11	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.