MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  4 May 2000
	DOCKET NUMBER:   AR1999033031

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Carol J. Suiter		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:  In effect, correction of his uncharacterized discharge to separation by reason of physical disability.

APPLICANT STATES:  That while he was at Brooke Army Medical Center he was recommended for a medical discharge because he was diagnosed with having stress fractures in both legs.  He was injured while he was in school.  He submits copies of his enlistment packet in support of his application.

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

He enlisted and entered active duty on 20 February 1996.  It appears that he was initially assigned to Lackland Air Force Base for English language training prior to attending basic training.  On 9 July 1996 the unit commander reduced the applicant to grade E-1 effective that same date under authority of AR 600-8-19, chapter 6.  There is no medical evidence of record, or provided by the applicant, that he was found medically unfit for duty.

An endorsement from the garrison commander at Fort Sam Houston, Texas, dated 10 July 1996, subject, recommendation for separation, approved the applicant’s separation under authority of AR 635-200, chapter 11.  The endorsement also noted that further rehabilitation and training of the applicant would not be in the best interest of the Army.  Effective 25 July 1996 the applicant was separated under authority of AR 635-200, paragraph 11-3a for entry level performance and conduct.  His character of service was listed as uncharacterized.

AR 635-200 provides the authority for separation of enlisted personnel.  Paragraph 11-3a. provides for entry level status separation provided the soldier has completed no more than 180 days of continuous service and has demonstrated that he/she are not qualified for retention.  Typical reasons for separation include; cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards for successful completion of training; character and behavior not compatible to continued service, and failure to respond to counseling.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

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.  There is no evidence that the applicant had any medically unfitting disability that required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

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 has 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

__LS___  __CS___  __JS___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033031	
SUFFIX		
RECON		
DATE BOARDED	20000504	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19960725	
DISCHARGE AUTHORITY	AR 635-200, CH 11-3a	
DISCHARGE REASON	A29.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.01	
2.		
3.		
4.		
5.		
6.