PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           7 March 2002                   
	DOCKET NUMBER:  AR2001064083

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante 		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the characterization of his service be corrected to honorable and that he be awarded military occupational specialty (MOS) 95B (Military Policeman). 

3.  The applicant states, in effect, that he graduated from the Military Police School and was awarded MOS 95B.  He provides a copy of Orders 068-00368, Army Chemical and Military Police Centers and Fort McClellan, which award him MOS 95B, effective 9 March 1998.

4.  The applicant’s military records show that he enlisted in the Army Reserve Delayed Enlistment Program on 25 July 1997, and in the Regular Army on        25 September 1997. 

5.  On 6 February 1998, the applicant was issued a diploma for successful completion of the Military Police Course, Class 001-98, 3 October 1997 to           6 February 1998.

6.  On 10 February 1998, Optional Form 275 (Medical Record and Report) shows the applicant gave a history of lower back pain and a diagnosis of bilateral L5 spondlolysis with grade I spondylolisthesis, L5 on S-1.  EPTS [Existed Prior to Service].   (Unfit UP AR 40-501, Chapter 2, Para 2-36m) and recurrent low back strain with pain secondary to diagnosis.

7.  On 9 March 1998, Orders 068-00368, Army Chemical and Military Police Centers and Fort McClellan awarded the applicant MOS 95B.

8.  On 12 February 1998, an Entrance Physical Standards Board (EPSBD) determined the applicant did not meet entrance standards and recommended that he not be retained on active duty.  The EPSBD referred to the diagnosis listed on Optional Form 275, dated 10 February 1998.  The EPSBD Proceedings form shows that the applicant was required to initial and sign one of the four following options:

(1).  I concur with these proceedings and request to be discharged from the US Army without delay.

(2).  I concur with these proceedings and request that I be retained on active duty.

(3).  I disagree with these proceedings because my condition did not exist prior to service (specific medical evidence is attached) and request my case be returned to the medical approving authority for reconsideration.

(4).  I disagree with these proceedings because my condition was not disqualifying on entry and was aggravated by service (specific medical evidence is attached) and request my case be returned to the medical approving authority for reconsideration.

The applicant was advised "If I request a discharge, I understand that I will receive an entry level discharge with no benefits from the Army."

9.  On 23 February 1998, as shown by his initials and his signature, the applicant concurred with the proceedings and requested to be discharged from the Army without delay.  

10.  On 3 March 1998, the appropriate separation authority approved his discharge and indicated that the authority for his discharge would be Army Regulation 635-200, paragraph 5-11 (Entry Level Separation) with a characterization of service of “uncharacterized.”

11.  On 10 March 1998, he was discharged with a characterization of service of uncharacterized under the above-cited regulation.  His separation document indicates he had 5 months and 16 days of creditable service.

12.  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 entry 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.

CONCLUSIONS:

1.  The evidence of record shows the applicant completed Military Police training and was awarded MOS 95B and his records should be corrected accordingly.

2.  The evidence of record shows that his characterization of service was appropriately shown as uncharacterized, since his separation was initiated within 6 months. 

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 this requirement.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the entire Department of the Army records related to this case be corrected by showing the individual concerned:

a.  completed the Military Police Course, 10 weeks, February 1998; and

b.  was awarded MOS 95B, effective 9 March 1998.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_rks____  __rvo___  _jpi____      GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064083	
SUFFIX		
RECON		
DATE BOARDED	20020307	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.000	
2.		
3.		
4.		
5.		
6.