MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 March 2000                   
	DOCKET NUMBER:   AR1999029428

	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.

	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. Christopher J. Prosser		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 (UNCHAR) discharge be upgraded to honorable.

APPLICANT STATES:  No contention submitted.

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

He enlisted in the Regular Army on 13 February 1997, for 5 years.  On 30 April 1997, the applicant was diagnosed with asthma by an Entrance Physical Standards Board (EPSBD), he was recommended for separation for a condition that existed prior to service.  On the same day the applicant’s unit commander notified him of the separation action under the provisions Army Regulation 635-200, chapter 5, for failure to meet procurement medical fitness standards with an uncharacterized characterization of service.  

On 8 May 1997, the applicant was counseled about his rights in connection with processing of an EPSBD.  He was informed that he did not meet procurement fitness standards at the time of enlistment.  He consulted with legal counsel,
advised of his rights and the impact of the discharge.  The applicant concurred with the proceedings and requested to be discharged from the Army.

On 13 May 1997, the appropriate authority approved the recommendation and directed that the applicant be discharged.

On 19 May 1997, the applicant was discharged under the provisions of Army Regulation 635-200, Paragraph 5-11, for failure to meet procurement medical fitness standards.  He had completed 3 months and 7 days of creditable active service with an uncharacterized characterization of service. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5-11 sets the policy and prescribes procedures
for separating members who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the soldier’s initial entrance of active duty that would have permanently 
or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at the time, and the medical conditions does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for soldiers separated under this provision or regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry level status.

Army regulation states that a service member is in an entry level status, when the service member has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.  The service member will receive an uncharacterized discharge. 

On 27 August 1999, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade.

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 the aforementioned 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.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  An uncharacterized discharge is not meant to be a negative reflection of a soldier’s military service.  It merely means that the soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

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

__jlp___  __owt___  __cjp___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029428	
SUFFIX		
RECON		
DATE BOARDED	20000316	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19970519	
DISCHARGE AUTHORITY	AR635-200, Chapter 5-11	
DISCHARGE REASON	A29.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.2900	
2.		
3.		
4.		
5.		
6.