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ARMY | BCMR | CY1997 | 9711325
Original file (9711325.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, that his discharge be changed to a medical discharge.
APPLICANT STATES : That he should have been medically discharged due to his disability. He submits no evidence except to say the evidence is in his medical records.

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

On 28 May 1974, he enlisted in the Regular Army.

On 26 July 1974, the commander initiated separation action on the applicant under the provisions of Department of the Army message 011510Z Aug 73, Subject: Evaluation and Discharge of Trainees before 180 Active Duty Days (the forerunner of Army Regulation 635-200, Chapter 5, Trainee Discharge Program). The commander noted, among other deficiencies, that the applicant was unable to adjust to military standards; he showed no improvement in any training, and on one occasion was absent from his place of duty, post guard, and was found asleep in a unit cadre’s room.

On 26 July 1974, the applicant acknowledged notification of the action, stated he did not desire counsel, made no statement in is own behalf, and checked that he did not wish a separation physical exam.

On 29 July 1974, the appropriate authority approved the recommendation and directed he be given an honorable discharge.

On 12 August 1974, he was discharged with an honorable discharge in pay grade E-1. He had completed 2 months and 15 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 The pertinent paragraph in Chapter 5, which superseded the message under which the applicant was discharged, provides that commanders may expeditiously discharge members who lack the necessary motivation,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

In the processing of this case, an advisory opinion was obtained from the medical advisor to this Board. The opinion notes that there is no evidence in the applicant’s medical record that a medical condition existed that precluded the applicant from being able to complete his tour of 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 and Department of the Army guidance with no indication of procedural errors which would tend to jeopardize his rights.

3. The applicant was given an opportunity to undergo a final separation physical and chose to forego the same.

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
DENY APPLICATION



         Loren G. Harrell
                                                      Director

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