MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 January 2002                  
	DOCKET NUMBER:   AR2001063293

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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.

APPLICANT STATES:  That item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows “uncharacterized”.  In support of his application, he submits a copy of his DD Form 214.

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

The applicant enlisted in the US Army Reserve under the Delayed Enlistment Program (DEP) for eight years.  He enlisted in the Regular Army on 5 January 2001.

The facts and circumstances pertaining to the applicant’s discharge proceedings are not present in his records.  However, his DD Form 214 indicates that he was discharged on 13 March 2001 under the provisions of Army Regulation 635-200, chapter 5, by reason of failure to meet procurement medical fitness standards.  His DD Form 214 also shows that he was separated with an uncharacterized discharge.  He had 2 months and 9 days of creditable service.

On 31 October 2001, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge to honorable.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry level status.  Army regulation state that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

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 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.

2.  Evidence of record shows the applicant was in an entry level status at the time of his separation from active duty because he had served fewer than 180 days of active Federal service.

3.  The determination that the applicant’s service was “uncharacterized” was in compliance with Army regulation governing separations of soldiers while in an entry level status.

4.  In the absence of evidence that the applicant’s discharge processing was flawed or otherwise not in accordance with law and regulation, there is no basis to change his characterization of service.

5.  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.

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

FNE_____  TSK_____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063293	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020110	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	20010313	
DISCHARGE AUTHORITY	AR635-200, para 5-11	
DISCHARGE REASON	Failure to Meet Procurement Medical Fitness Standards	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.