MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           30 September 2003  
		DOCKET NUMBER:  AR2003087028

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 administrative discharge be changed to a medical discharge.

APPLICANT STATES:  That he was separated due to a lower back injury.  He provides no supporting evidence.

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

He was born on 22 November 1955.  He enlisted in the Regular Army on            3 February 1983.

A DA Form 4856 (General Counseling Form) dated 28 February 1983 indicates the applicant was counseled on that date that he was being recommended for a trainee discharge.  The DA Form 4856 went on to indicated that, the previous day, the applicant was found in his bed appearing to be in shock.  Upon arrival of the ambulance, the applicant was found to be in good health.  The applicant told emergency medical technicians that he wanted to go home.  The emergency room physician on duty referred the applicant to the community mental health activity. 

The results of the mental health evaluation are not available; however, the DA Form 4856 dated 28 February 1983 indicates the community mental health activity recommended the applicant be discharged under the trainee discharge program.  This DA Form 4856 also indicated that the applicant's commander interviewed him and the applicant told the commander that he did not feel he could adapt to military life.  It was noted the applicant was 7 pounds overweight and was physically unfit.  

A DA Form 4856 dated 4 March 1983 indicates the applicant was counseled on that date concerning his negative attitude.  The applicant stated he wanted to go home because he could not handle the pressure of Army life.  The DA Form 4856 also indicated the applicant had also missed al lot of training due to medical problems which were unfounded.

On 7 March 1983, the applicant's commander initiated separation action on him under the provisions of Army Regulation 635-200, chapter 11, entry- level performance and conduct.  The commander cited as the specific reason the applicant's demonstrated lack of motivation and inability to adapt to the military.  

On 7 March 1983, the applicant was notified of the proposed separation.  He indicated that he did not desire to have a counsel assist him in explaining the separation procedures or in making statements in his own behalf.  He did not desire to submit statements in his own behalf.

On 9 March 1983, the appropriate authority approved the recommendation and directed the applicant be given an entry-level separation.

On 14 March 1983, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11.  He had completed 1 month and 12 days of creditable active service.  

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 do 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.  An uncharacterized description of service is required for soldiers 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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  A chapter 11 discharge is used for entry-level soldiers not qualified for retention for one of several reasons, including if they cannot or will not adapt socially or emotionally to military life.  

3.  The evidence of record shows the applicant requested to go home because he could not handle the pressure of Army life.  If he believed he had a service-connected back injury which caused that inability to adapt to the Army, he had an opportunity to so state at the time he was recommended for separation.  He failed to do so.  There is no evidence of record and he provides none to show he had any medical problems.

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

__rjw___  __mhm___  __mvt___  DENY APPLICATION

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

INDEX

CASE ID	AR2003087028	
SUFFIX		
RECON		
DATE BOARDED	20030930	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.