MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            4 September 2003                  
	DOCKET NUMBER:    AR2003088074

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor . 		Chairperson	
	Mr. Frank C. Jones		Member	
	Ms. Barbara J. Ellis 		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 narrative reason for his discharge be changed to medical.

APPLICANT STATES:  In effect, that he was not aware that he could request a change to the narrative reason for his discharge.  He further claims that his understanding was that he was receiving a medical discharge due to his hearing loss.  In support of his application, he submits a copy of his separation document (DD Form 214).

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

On 11 October 1977, the applicant entered the Army for a period of 3 years.  His record documents no acts of valor, significant achievement, or service warranting special recognition, and the highest rank he attained during his active duty tenure was private/E-1 (PV1).

The applicant’s record shows that he was assigned to Fort Dix, New Jersey for basic combat training.  It also shows that while he was in basic training, he accepted nonjudicial punishment (NJP) on 17 November 1977, for failure to go to his appointed place of duty.  In addition, he was formally counseled by his chain of command for his lack of motivation and self-discipline, poor duty performance, negative attitude, and constant complaining.

On 17 November 1977, the applicant was notified by his commander that separation action was being initiated to eliminate him from the Army under the provisions of Army Regulation 635-200, paragraph 5-39, the Trainee Discharge Program.  The reason cited by the commander for the action was the applicant’s extreme deficiencies in aptitude and motivation, his inability to meet minimum training standards, and his consistent failure to make an effort to improve within a reasonable amount of time.  The applicant acknowledged the separation action and completed his election of rights.  He waived his right to consulting counsel and to take a separation medical examination, and he elected not to submit a statement in his own behalf.  

The applicant’s Military Personnel Records Jacket (MPRJ) is void of any medical treatment records, and contains no indication that the applicant suffered from any physically or mentally disabling medical condition at the time of his discharge.  

The separation action was approved by the appropriate authority and on 
6 December 1977, the applicant was discharged from the Army with an honorable discharge under the provisions of the Trainee Discharge Program.  At the time of his discharge, he had completed 1 month and 26 days of total active military service.

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, or rating and the conditions must have been incurred while entitled to base pay.

Army Regulation 635-40, paragraph 2-2b, then in effect, provided that when a member was being separated by reason other than physical disability, his continued performance of duty created a presumption of fitness which could be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Paragraph 5-39 contained the policy for separation under the provisions of the Trainee Discharge Program.  It stated, in pertinent part, that commanders may expeditiously discharge soldiers who lack the necessary motivation, discipline, ability, or aptitude to become a productive soldier.  These soldiers must have voluntarily enlisted in the Regular Army, Army National Guard, or United States Army Reserve, and still in either basic combat training or advanced individual training, and could not have completed no more than 179 days active duty or initial active duty for training on their current enlistment by the date of discharge.

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 Board notes the applicant’s contention that his military records should be corrected to show he received a medical discharge.  However, the applicant’s medical records were not available to the Board, and the applicant’s MPRJ contained no medical treatment records or other documents that gave any indication that the applicant suffered from a physically or mentally disabling condition at the time of his discharge.  Therefore, the Board finds insufficient evidence to support granting the requested relief.

2.  The evidence of record shows that the applicant was separated from the Army under the provisions of Army Regulation 635-200, paragraph 5-39, the Trainee Discharge Program.  It also shows that in connection with his separation processing he elected not to undergo a separation physical examination.  In the absence of evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  In view of the facts of this case, the Board finds that the narrative reason for the applicant’s separation was appropriately assigned based on the authority for his discharge.  It further finds that the applicant’s discharge was proper and equitable and that the applicant has failed to provide evidence that would challenge its validity.  Therefore, the Board concludes that there is no basis for changing the reason for the applicant’s discharge at this time.

4.  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.

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

__FCJ___  __BJE__  ___RO__  DENY APPLICATION

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

INDEX

CASE ID	AR2003088074	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19771206	
DISCHARGE AUTHORITY	AR 635-200.  .  .  .  .  	
DISCHARGE REASON	Training Discharge Program	
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1. 191	110.0200	
2.		
3.		
4.		
5.		
6.