MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           26 FEBRUARY 2002
	DOCKET NUMBER:   AR2001065418

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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:  In effect, that his uncharacterized discharge be changed to reflect an honorable discharge by reason of disability.  

APPLICANT STATES:  That he had an accident in January 1999 prior to his enlisting in the Army which caused bilateral knee sprain, in both knees, and left him unable to attend to his needs.  Because of the injury to his knees a hardship situation now exists.  The applicant submits no evidence in support of his request.

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

On 25 March 1999, he enlisted in the Regular Army for a period of 4 years.  In April 1999 he reported to Fort Jackson, South Carolina for basic training.

On 2 July 1999, his unit commander notified him that he was initiating action to discharge him from military service under the provisions of Army Regulation 635-200, chapter 11, for entry level status (ELS) performance and conduct.  The commander’s recommendation was based on the applicant’s lack of motivation, and failure to adapt to the military environment.

The applicant acknowledged his commander’s action, waived his right to legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  

On 2 July 1999, the appropriate separation authority approved the applicant’s ELS separation with an uncharacterized description of service.

On 12 July 1999, the applicant was separated in the pay grade of E-4, under the above cited regulation.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 3 months and 18 days of active service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of that regulation provides for the separation of personnel in an entry level status who cannot or will not adapt socially or emotionally to military life or who have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty.  An uncharacterized separation is mandatory
under this chapter.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

On 7 November 2001, the Army Discharge Review Board found the applicant’s discharge to be proper and equitable and denied his request for an upgrade.   

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.  There is no evidence in the available records, nor did the applicant provide documentation to substantiate his claim that his knee injury adversely affected his military performance or conduct or that it warranted processing via disability channels.   

2.  The applicant’s discharge proceedings were conducted in accordance with appropriate laws and regulations, and there is no basis for changing the reason for his separation or the characterization of his service.  

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 to show that there was an error or injustice in this case.

4.  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

__JHL___  __RJW__  __RTD __  DENY APPLICATION

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

INDEX

CASE ID	AR2001065418	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020226	
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.	110.00	
2.		
3.		
4.		
5.		
6.