MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 April 2002    
	DOCKET NUMBER:   AR2001065177

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		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 her uncharacterized discharge be changed to a hardship discharge.  

APPLICANT STATES:  That she was supposed to receive a hardship discharge. She thought a hardship discharge was a chapter 6; however, she was told that since she did not finish her initial training she would be issued a chapter 11 under hardship.  She contends that when she received her final set of papers to sign the reason stated entry level performance and conduct.  She states that before she signed the papers she asked and was told that it was the same thing and that it would not make any difference.  She further contends that she fractured her pelvic bone while in basic training and was in physical therapy when she was discharged; however, in order to continue her rehabilitation with the Veterans Administration (VA) she needs her DD Form 214 (Certificate of Release or Discharge from Active Duty) corrected to show a hardship discharge.  In support of her application, she submits a letter of explanation, dated 24 October 2001; a copy of her DD Form 214 and DA Form 4856-E (Developmental Counseling Form), dated 9 August 2001.   

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

The applicant enlisted on 12 April 2001 for a period of 4 years.  While in advanced training, the applicant was counseled due to her inability to provide an adequate family care plan for her dependent child.  DA Form 4856-E (Developmental Counseling Form), dated 9 August 2001, states, in pertinent part, “Initiation of Chapter 11 due to family hardship.” and “Separation action may be initiated if this type of behavior continues, under the provisions of AR [Army Regulation] 635-200 for the following:  Entry Level Performance (Chapter 11), Unsatisfactory Performance (Chapter 13), Misconduct (Chapter 14) or Personality Disorder (Chapter 5).”  

The facts and circumstances surrounding the applicant’s discharge are not contained in the available records.  However, her DD Form 214 shows that on 
23 August 2001 the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct.  She had served 4 months and 12 days of total active service. 

There is no evidence in the available records which shows the applicant applied for a hardship discharge. 

On 27 February 2002, the Army Discharge Review Board denied the applicant’s request that her narrative reason for separation be changed to hardship.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 (Entry Level Status Performance and Conduct) of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct (or both) while in an entry level status.  This provision of regulation applied to individuals who had demonstrated inability, lack of reasonable effort or failure to adapt to the military environment.  The regulation states 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.  The soldier’s service is uncharacterized when separated under this chapter.

Chapter 6 of Army Regulation 635-200 governs separation because of dependency or hardship.  The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.  Under this provision for hardship discharge, parenthood of married service women and sole parenthood are the two conditions under which separation may be granted.
 
Paragraph 6-3b(1) states that a married service woman may apply for separation under hardship when she becomes a parent by birth, adoption, or marriage (stepparent) and whose child (or children) under 18 years of age reside within the household.  The regulation requires that the woman must submit evidence that the roles of parent and soldier are incompatible and that she cannot fulfill her military obligation without neglecting the child or children.

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.  The Board noted the applicant’s contention that she was supposed to receive a hardship discharge.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that she requested a hardship discharge.  

2.  DA Form 4856-E (Developmental Counseling Form), dated 9 August 2001, shows that the applicant’s separation was to be initiated under the provisions of Army Regulation 635-200, chapter 11, for entry level conduct and performance due to her inability to provide an adequate family care plan for her dependent child.   

3.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations.  

4.  The type of discharge directed and the reasons for separation appear to be  appropriate considering all of the facts of the case.

5.  The Board also noted the applicant’s contention that she needs her DD Form 214 corrected to show a hardship discharge to allow her entitlement to VA benefits for medical care.  However, the Board does not grant relief solely for the purpose of obtaining medical benefits.

6.  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.

7.  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

INW____  MMD____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001065177	
SUFFIX		
RECON		
DATE BOARDED	20020416	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	20010823	
DISCHARGE AUTHORITY	AR 635-200, Chapter 11	
DISCHARGE REASON	Entry level performance and conduct	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.