MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           12 April 2000
	DOCKET NUMBER:   AR1999030007

	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.

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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 the authority and narrative reason for his discharge be changed.

APPLICANT STATES:  In effect, that he still has medical problems with his feet.

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

He enlisted in the Regular Army for a period of 3 years on 15 November 1977. 

On 25 November 1977 he reported to Fort Jackson, South Carolina, for basic combat training.

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-1 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

The applicant’s Report of Medical Examination (SF Form 88) for enlistment indicated the presence of pes planus 2d degree, however, the applicant’s defect was determined to be asymptomatic and he was rendered fit for enlistment without disqualifying defects or communicable diseases.

On 5 December 1977 the applicant was recommended for discharge under the provisions of AR 635-200, paragraph 5-39, by reason of marginal or non-productive performance – Trainee Discharge Program.  

On 5 December 1977 the applicant was counseled regarding his proposed discharge.  The applicant indicated that he had flat feet and that he could not perform as expected as a basic trainee and wanted to be discharged from the Army.

On 9 December 1977 the intermediate commander recommended discharge after counseling the applicant.  It was determined that the applicant could not keep up physically or academically with the members of his platoon and consequently, had lost motivation to perform as a soldier.  

On 12 December 1977 the separating authority approved the applicant’s discharge.  Accordingly, the applicant was discharged on 19 December 1977 under the provisions of AR 635-200, paragraph 5-39 with an honorable discharge.  He was credited with 1 month and 5 days active military service. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-39, then in effect, provided for the separation of personnel under the Trainee Discharge Program. 

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The applicant was separated as a marginal or non-productive performer under the provisions of the Trainee Discharge Program.  

2.  The applicant voluntarily requested separation under provisions of the Trainee Discharge Program due to his poor physical performance and his lack of motivation to continue training.   

3.  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 failed to submit evidence that would satisfy the aforementioned requirement.

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

___rgh__  ___bje___  ___jds___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030007	
SUFFIX		
RECON		
DATE BOARDED	20000412	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19771219	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	2400	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 9217		
2. 0100		
3. 9500		
4. 		
5.		
6.