MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 October 2002
	DOCKET NUMBER:   AR2002076835

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 upgraded to honorable.

APPLICANT STATES:  In effect, that she was treated unfairly while in the Army because she was unaware that she had asthma and was given nonjudicial punishment because she kept falling out of the runs and complaining that her chest hurt.  When she was finally diagnosed with active asthma, she was told that she was going to be discharged with an uncharacterized discharge.  She goes on to state that this has caused her depression to the point that she is emotionally upset and can’t sleep at night.  She also states that she has always dreamed of being in the military and that she comes from a military family.

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

She enlisted in San Antonio, Texas, on 23 January 2002, for a period of 5 years, training as a military policeman and assignment to Europe.  She was transferred to Fort Leonard Wood, Missouri, to undergo her training.

The facts and circumstances surrounding her administrative separation are not present in the available records.  However, her records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that she was discharged on 16 April 2002, under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet medical/physical procurement standards.  She had served 2 months and 24 days of total active service and her service was uncharacterized.

The applicant applied to the Army Discharge Review Board (ADRB) on 18 April 2002, for an upgrade of her discharge to honorable.  She cited the same reasons to that board that she has cited to this Board.  The ADRB determined that she had been properly discharged with her service uncharacterized and voted unanimously to deny her request on 28 August 2002.

Army Regulation 635-200 provides the policies and procedures for the separation of enlisted personnel.  Paragraph 5-11 provides, in pertinent part, 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 will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the soldier’s initial entrance on active duty and the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at the time.  The characterization of service for soldiers separated under this provision of the regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry level status.  Entry level status is defined as less 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 must be presumed that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  Accordingly, her service was properly uncharacterized because she was in an entry-level status. 

3.  While the Board can understand the applicant’s concerns, an uncharacterized separation was designed to not attach any stigma to a person’s service because they failed to complete the initial training required.  Unfortunately, the Board has no jurisdiction or control over how individual States administer their social service programs or employers interpret uncharacterized service.

4.  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.

5.  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

___mm__  ___ja____  __jlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2002076835	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/08	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	2002/04/16	
DISCHARGE AUTHORITY	AR635-200/CH5	
DISCHARGE REASON	ELS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  516	144.2900/A29.00	
2.		
3.		
4.		
5.		
6.