MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             25 July 2000                 
	DOCKET NUMBER:    AR1999033843

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 her records be corrected to show that she received an honorable or medical discharge.

APPLICANT STATES:  That she suffered an injury to both of her knees during an accidental fall during physical fitness training.  She complained of the pain, but did not receive proper treatment.  The applicant did not specify if medical or unit personnel denied the treatment.

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

DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects that the applicant enlisted 30 October 1997, and was given an uncharacterized separation on 15 April 1998 under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct.

During the period 6 January 1998 through 25 March 1998 the applicant was counseled nine times regarding her repeated failure of the Army physical fitness test (APFT).  On each of the counseling forms the applicant concurred with the counseling and declined to make a statement.

During the period 1 - 3 April 1998 the applicant was counseled three times regarding her pending entry level separation.  On each of the forms the applicant concurred with counseling and declined to make a statement.

On 4 April 1998, the applicant’s commander informed her of his intention to discharge her under the provisions of AR 635-200, chapter 11.

On 4 April 1998, the applicant acknowledged the basis for the separation action, did not request counsel, declined to submit a statement in her own behalf, and waived all rights.

On 10 April 1998, the approving authority approved the recommendation for discharge presented by the applicant’s commander.

No evidence of medical treatment or denial of medical treatment was submitted.

Army Regulation 635-200 (Enlisted Personnel), chapter 11 provides, in pertinent part, that soldiers may be separated who have demonstrated that they can not meet the minimum standards prescribed for successful completion of training because of ability or self-discipline.  The separation processing must start within 180 days of the soldier’s entry into active duty.  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. The applicant has failed to submit evidence that would satisfy this 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 her rights.  A chapter 11 discharge is used for entry level soldiers not qualified for retention for one of several reasons, including failure to achieve basic APFT standards.  The available records show that the applicant on ten occasions failed to achieve APFT standards.  The applicant contends that she injured her knees while participating in physical fitness training.  She did not comment on an injury during her many counseling sessions or separation processing.  In light of the available evidence, the Board must conclude that the basis for the discharge was the repeated failures of the APFT and that an injury did not play a role in those failures.  The uncharacterized discharge directed was appropriate considering all the facts of the case.

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

__tsk  ___  ___sk___  ___jhk___  DENY APPLICATION

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

INDEX

CASE ID	AR1999033843	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000725	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.