MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            16 March 2000                  
	DOCKET NUMBER:   AR1999031890

	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. Gale Thomas		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:  That his records be corrected to show he was medically separated.  

APPLICANT STATES:  That he broke his leg in basic training and should have been medically discharged.  That he is now seeking disability compensation from the Veterans Administration (VA), and feels his discharge was unjust.  

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

On 10 July 1998, he enlisted in the Regular Army for a period of 3 years.  He was attending basic training at Fort Jackson, South Carolina.

On 9 November 1998, the unit commander advised the applicant of his initiation of separation action under the provisions of Army Regulation 635-200, chapter 11, entry level status (ELS) performance and conduct, and advised him of his rights.  The reason for the commander’s action was the applicant’s lack of ability and motivation. 

On 9 November 1998, the applicant acknowledged the commander’s action, waived his rights to legal counsel, and declined the opportunity to submit statements on his own behalf.

The appropriate separation authority approved the applicant’s separation and directed the issuance of an uncharacterized discharge.

On 12 November 1998, the applicant was separated, in the pay grade of E-1, under the above cited regulation.  His Report of Separation indicated he had      4 months and 7 days of creditable service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status.  A soldier is in entry level status for the first 180 days of continuous active duty.  The purpose of the entry level status is to provide the soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry level status.  An uncharacterized separation is mandatory under this chapter.

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.  

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  There is no evidence in the available records nor did the applicant provide documentation to substantiate his claim that he should have been medically separated. 

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	AR1999031890	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000316	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 145.00		
2.		
3.		
4.		
5.		
6.