MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           20 December 2001                   
	DOCKET NUMBER:   AR2001059764

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Mr. Lester Echols		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 DD Form 214, Report of Separation From Active Duty, be corrected to reflect that he was awarded military occupational specialty (MOS) 63B10, Wheeled Vehicle Mechanic, and that the authority and reason for separation be changed to physical disability.

APPLICANT STATES:  That he completed his Advanced Individual Training (AIT) and was awarded a Certificate of Training for MOS 63B10; that he was injured during Basic Combat Training (BCT) and received medical attention; that he was denied legal counsel during the separation process and forced to sign for his discharge or face a dishonorable discharge.  In support of his application, he provides:  DA Form 87, Certificate of Training, for completion of the Wheeled Vehicle Mechanics' Course; Orders No. 109-19, dated 19 April 1978, ordering his discharge on 20 April 1978; a copy of his DD Form 214; and a copy of his Certificate of Honorable Discharge.

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

He enlisted in the Regular Army for 4 years on 15 September 1977 and was sent to Fort Leonard Wood, Missouri, for BCT and AIT.

The applicant was on sick call 17 times while undergoing BCT.  On 3 October 1977, he reported to sick call complaining of stomach cramps and stated that he wanted to get out of the Army.

The applicant completed BCT on 11 November 1977 and was transferred to an AIT unit for training in MOS 63B10.  He continued to visit sick call on a routine basis and began complaining of knee pain.  Diagnosed as having chondromalacia, he was provided a knee brace and returned to duty.

On 7 April 1978, the applicant underwent a physical examination that determined that he was medically qualified for separation.  The examination found "no objective pathology in [the applicant's] knee."

The applicant's AIT unit commander initiated action to administratively separate the applicant on 10 April 1978.  The applicant was notified that he was being considered for separation under the provisions of paragraph 5-31, AR (Army Regulation) 635-200, Expeditious Discharge Program (EDP).  The specific reason for the proposed action was the applicant's failure to complete AIT because of his inability to pass the Army Physical Fitness Test (AFPT), even after being placed in a special physical training program and being afforded close supervision.  This occurred after the applicant was medically cleared for participation in physical training.  The commander recommended an honorable discharge.  The applicant acknowledged notification and accepted discharge under the EDP.

On 13 April 1978, the approving authority approved the applicant's separation under the provisions of paragraph 5-31, AR 635-200, and directed the issuance of an honorable discharge.  The applicant was separated with an honorable discharge on 20 April 1978.  He had 7 months and 6 days of creditable service.  Because he never completed all of the requirements for awarding of MOS 63B10, his DD Form 214 listed his MOS as 09B00 (Trainee).

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-31 of the regulation then in effect covered discharges under the expeditious discharge program wherein a commander in the rank of lieutenant colonel or above could separate soldiers who demonstrated that they could not, or would not meet acceptable standards required of enlisted personnel.  Personnel discharged under this provision were given honorable or general discharges.  Soldiers were only entitled to legal counsel if being recommended for a general discharge.  They had the right to decline separation under the expeditious 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. 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 evidence of record shows that the applicant did not successfully complete AIT and so was properly not awarded MOS 63B10.  The Board is aware that, as a matter of administrative expediency, service school diplomas are usually prepared and handed out well before a class’s graduation date.  They are to be returned by soldiers who have failed to graduate; however, the Board is also aware that circumstances often prevent strict enforcement of this procedure.  Possession of a diploma is not evidence of successful completion of a service school.

3.  The applicant routinely went to sick call during his short military career.  On one occasion, he told medical personnel that he "wanted out of the Army."  This was duly recorded in his medical records.  On 7 April 1978, the applicant underwent a separation physical examination and was medically cleared for separation.

4.  There is no evidence that the applicant was prohibited from seeking legal counsel.  As a regulatory matter, he was not entitled to legal counsel during the separation process because he was being recommended for a fully honorable discharge.
5.  The applicant voluntarily accepted separation under the expeditious discharge program.  There is no evidence that he made this decision under duress.

6. 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

__JNS__  __TBR___  __LE____  DENY APPLICATION

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

INDEX

CASE ID	AR2001059764	
SUFFIX		
RECON		
DATE BOARDED	20011220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0500	
2.	145.0000	
3.		
4.		
5.		
6.