MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          25 February 2003                    
	DOCKET NUMBER:  AR2002074452

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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 Item 24 (character of service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service is characterized as honorable vice "uncharacterized."

APPLICANT STATES:  That he spent 5 months and 18 days in military training only to be separated for failing to meet physical standards for enlistment.  He reasons that his enlistment was erroneous, causing him to waste 5 months of his life.  He believes he is therefore entitled to an honorable characterization of service.  In support of his application, he submits a copy of his DD Form 214; a copy of his Personnel Qualification Record; various enlistment documents; and a copy of Orders Number 337-0121, US Army Field Artillery and School, Fort Sill, Oklahoma, dated 3 December 1999.

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

That on 1 July 1998, he enlisted in the Delayed Entry Program (DEP).  On 21 June 1999, he was discharged from the DEP and he enlisted in the Regular Army for 3 years and training in military occupational specialty (MOS) 82C (Field Artillery Surveyor).  On 11 June 1999, he was assigned to Fort Sill for one-station unit training.  

The available record does not contain the facts and circumstances that led to the applicant's separation.  However, the applicant's DD Form 214 that was prepared and signed by the applicant at the time of separation shows that he was separated on 8 December 1999 for failure to meet procurement medical fitness standards.  He had completed 5 months and 18 days of creditable active service. Item 24 reflects the character of his service is uncharacterized.

The Army Discharge Review Board denied the applicant's request for an upgrade of his discharge on 29 January 2003.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 provides that soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment will be separated.  Medical proceedings, regardless of the date completed, must establish that appropriate military medical authority identified a medical condition within 6 months of the soldier’s initial entrance on active duty, and that the condition would have disqualified the soldier for entry into military service.  Soldiers separated under these provisions of the regulation will be awarded an honorable, under honorable conditions (general), or uncharacterized description of service if in an entry-level status.

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 facts and circumstances surrounding the applicant’s discharge are not a matter of record.  However, the Board noted that he was separated due to failure meet procurement medical fitness standards.  Procedurally, this separation would have required that a determination be made that he had a medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty.  In the absence of evidence to the contrary, the Board presumes regularity in the discharge process.

3.  The Board noted the applicant served 5 months and 18 days on his 3-year enlistment obligation.  Item 24 on the applicant's DD Form 214 appropriately shows that the character of his military service is uncharacterized because soldiers who serve on active duty for less than 180 days are classified as being in an entry-level status.  The character of service of soldiers in an entry-level status is uncharacterized.

4.  Soldiers are often enlisted in the Regular Army only to find at a later date that they have a disqualifying medical condition.  When such a condition reveals itself, the soldier is separated.  If in an entry-level status at the time of separation, the soldier’s characterization of service is listed as uncharacterized.  Discovery of a disqualifying medical condition after enlistment does not constitute an erroneous enlistment.

5.  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___  __reb___  ___lf___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074452	
SUFFIX		
RECON		
DATE BOARDED	20030225	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19991208	
DISCHARGE AUTHORITY	AR635-200, Chap 5	
DISCHARGE REASON	A29.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.2900	
2.		
3.		
4.		
5.		
6.