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ARMY | BCMR | CY1997 | 9710995
Original file (9710995.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, that any derogatory information be removed from his personnel and medical records.
APPLICANT STATES : In effect, that he injured his neck in basic training. This resulted in his being medically excused from bivouac and sent to kitchen police instead. Yet when his unit returned from bivouac, he was told he was either being reprocessed or discharged solely based upon his missing bivouac.

 COUNSEL CONTENDS : Our indulgence is appreciated in favorably considering the applicant’s request.

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

On 3 October 1978, he enlisted in the Regular Army.

Between 17 and 28 October 1978, the applicant was formally counseled on four separate occasions for infractions/failings such as moderate insubordination, difficulty accepting the authority of drill sergeants, lack of self discipline, hostility to authority, lack of motivation, lack of esprit de corps and a negative attitude.

On 31 October 1978, the commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 5, trainee discharge program. The commander noted that he could not adapt socially or emotionally to military life and could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.

The applicant acknowledged notification of the action, made no statement, and checked that he did wish a separation medical exam.

Medical records are not available.

On 14 November 1978, the appropriate authority approved the recommendation and directed the applicant be given an honorable discharge.

On 16 November 1978, he was honorably discharged in pay grade E-1 under the provisions of Army Regulation 635-200, Chapter 5. He had completed 1 month and 14 days of creditable active service and had no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The pertinent paragraph in Chapter 5 provides that commanders may expeditiously discharge members who lack the necessary motivation, discipline, ability or aptitude to become productive soldiers when these individuals were voluntarily enlisted in the Regular Army, Army National Guard or U.S. Army Reserve; are in basic training or in advanced individual training and have completed no more than 179 days active duty or initial active duty for training on current enlistment by the date of discharge; and have demonstrated that they are not qualified for retention for reasons such as demonstrating character and behavior characteristics not compatible with satisfactory continued service.

 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 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. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2. The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. He has submitted no evidence to show his discharge was predicated on his missing bivouac due to a medical problem or for any reason other than what his counseling statements and separation recommendation indicated.

3. 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
DENY APPLICATION




         Loren G. Harrell
                                                      Director

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