MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 September 2000                   
	DOCKET NUMBER:   AR1999030034

	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 Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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 his uncharacterized discharge be changed to honorable.

APPLICANT STATES:  That he believes he should be honorably discharged from the service.  He provides no supporting evidence.  

COUNSEL CONTENDS:  That the applicant is seeking equitable relief because he was on profile for an extended period of time.  His discharge was unfair because it was due to circumstances beyond his control.

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

He enlisted in the Army National Guard on 20 March 1997.  He was ordered to initial active duty for training in military occupational specialty 11B (Light Weapons Infantryman) on 21 July 1997.  

The applicant failed all three events on his first Army Physical Fitness Test (APFT) on 25 August 1997.  He apparently was then placed on a physical profile. He subsequently failed and/or missed the second, the third and fourth APFT and several other training events.  

On 9 November 1997, action was initiated to separate the applicant under the provisions of Army Regulation 635-200, chapter 11 for failing to meet the minimum standards prescribed for successful completion of training.  The applicant acknowledged notification of the action.  He did not submit a statement his own behalf.

On 18 November 1997, the appropriate authority approved the recommendation to discharge the applicant from Reserve of the Army status and return him to the appropriate State Adjutant General for further discharge.  

On 21 November 1997, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct.  His character of service was uncharacterized and his re-entry code was 3.  He had completed 4 months and 1 day of creditable active service.

On 22 November 1997, the applicant was discharged from the Army National Guard under the provisions of National Guard Regulation 600-200, paragraph   8-26 for entry-level status and conduct with an uncharacterized description of 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 does 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.  Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status.  (For Reserve Component soldiers, entry level status is the first 180 days of continuous and creditable active military service on current enlistment by the date of separation.)

National Guard Regulation 600-200 governs the management of enlisted personnel in the Army National Guard.  Paragraph 8-26, Discharge from State Army National Guard and/or Reserve of the Army, refers to Army Regulation 135-178, chapter 5 when the reason for discharge is entry level status and conduct.

Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers form the Army National Guard of the United States and the U. S. Army Reserve.  Chapter 5 provides that enlisted soldiers while in an entry level status may be separated when they have demonstrated that they cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.

On 25 August 2000, the Army Discharge Review Board denied the applicant’s request to change his discharge to an honorable 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.  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.

A chapter 11 discharge is used for entry-level soldiers not qualified for retention for one of several reasons, including if they cannot meet the minimum standards prescribed for successful completion of training because of a lack of ability.  Failure to pass the APFT is considered a lack of ability whatever the reason for the failure.
2.  

3.  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

__cla___  __wtm___  __tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR1999030034	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19971121	
DISCHARGE AUTHORITY	AR 635-200, ch11	
DISCHARGE REASON	A04.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.0400	
2.		
3.		
4.		
5.		
6.