MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 August 2001
         DOCKET NUMBER: AR2001055557

         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. John P. Infante		Member
Ms. Barbara J. Ellis		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)

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APPLICANT REQUESTS: In effect, that her uncharacterized entry level separation from the Army National Guard (ARNG) be changed to show that she was discharged by reason of physical disability.

APPLICANT STATES: In effect, that she should have been discharged by reason of physical disability due to an injury she sustained during basic training. She was informed by her commander that an uncharacterized discharge would be the fastest way for her to get home to attend to her injury.

EVIDENCE OF RECORD: The applicant's military records show she enlisted in the South Carolina Army National Guard (SCARNG) on 4 December 1996 as a motor transport operator. She was ordered to initial active duty for training (IADT) on 10 February 1997.

The applicant’s records contain a copy of a DA Form 2173 (Statement of Medical Examination Duty Status), dated 14 April 1997, which shows that the applicant was an outpatient at the Moncrief Army Community Hospital at Fort Jackson, South Carolina on 18 February 1997. This form also stated that the applicant injured her right shoulder and back lifting a duffel bag at the reception station at Fort Jackson, South Carolina on 12 February 1997, was subsequently placed on medication that caused stomach discomfort, and was placed on temporary profile.

On 14 April 1997, the applicant underwent a psychiatric evaluation, which diagnosed the applicant as having an adjustment disorder unspecified with anxiety, depression, and physical complaints. The psychiatric report also indicated that the applicant was psychiatrically cleared for any administrative or judicial action deemed appropriate by her command and that this diagnosis did not warrant discharge through medical channels. The psychiatric report recommended that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 11.

The applicant’s was counseled three times on 15 April 1997, pertaining to her failure to meet the requirements of basic combat training due to profile limitations.

On 17 April 1997, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200, chapter 11, for entry level status and conduct. He cites, as the basis for his recommendation, the applicant’s failure to adapt socially or emotionally to military life and her failure to complete basic combat training.




After consulting with counsel, she consented to the proposed discharge action and elected not to submit a statement in her own behalf.

On 23 April 1997, the separation authority approved the applicant’s request for discharge with a characterization of service as uncharacterized. She had a total of 2 months and 21 days of creditable service.

The applicant’s records contain a copy of NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), dated 30 April 1997, which shows that she was discharged under the provisions of National Guard 600-200, paragraph 8-26n, for entry level status and conduct with her character of
service as uncharacterized.

There is no evidence in the available records to show that she was discharged
for a medical problem that was incurred while she was on active duty.

The applicant applied to the Army Discharge Review Board (ADRB) on
12 March 2001 for an upgrade of her uncharacterized discharge. However, the ADRB was precluded from accepting her application. This Board accepted her
DD 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) in lieu of a DD Form 149.

In the processing of this case, a staff advisory opinion was obtained from the Department of the Army Review Boards Agency (DARBA) medical advisor.
The medical advisor indicated that there was no medical record of the applicant being treated for any physical conditions which precluded her from attending, and completing the required training. The orthopedist stated that on 10 April
1997, that the applicant was not a candidate for a Medical Evaluation Board (MEB) due to her shoulder pain. The medical advisor concluded that there was no evidence of record to show that the applicant was medically disqualified from her military career.

The applicant was provided a copy of the unfavorable opinion for possible comment prior to consideration of her case. The applicant was provided
30 days to respond; however, she did not respond.

Army Regulation 635-200, chapter 11, establishes policy and prescribes
procedures for separating members because of unsatisfactory performance or
conduct (or both) while in an entry level status. It states, in pertinent part, that
separation under this chapter applies to soldiers who are in an entry level status
and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they



cannot or will not adapt socially or emotionally to military life. Entry level status is defined as the first 180 days of continuous active duty. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.

National Guard Regulation (NGR) 600-200 governs procedures for enlisted personnel of the Army National Guard. Paragraph 8-26 covers reasons, applicability, codes, and board requirements for administrative discharges from the Reserve of the Army and/or the State ARNG. Paragraph 8-26(n) pertains to
entry level status and conduct.

Army Regulation 635-40, chapter 5, provides, in pertinent part, that if a soldier is processed for failure to meet procurement fitness standards within the first six months of entry on active duty and the condition existed prior to the term of service, then the soldier will be discharged in an entry level status with uncharacterized 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. The Board notes the applicant’s contention that she should have been discharged by reason of physical disability due to an injury she sustained during basic training; however, there is no medical evidence of the applicant being treated for any physical condition which precluded her from attending and completing basic combat training.

2. The Board notes the applicant’s contention that she was informed by her commander that an uncharacterized discharge would be the fastest way for
her to get home to attend to her injury. However, there is no evidence in the available record, and the applicant has provided no evidence, to support her contention.

3. The Board also notes that the applicant has failed to show that she was a candidate for a MEB due to her shoulder pain, or to show that she had any
medically unfitting disability, which required physical disability processing at the time of her separation.

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

5. 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.
6. 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

__rw___ ___ji___ ___be_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2001055557
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010802
TYPE OF DISCHARGE	UNCHAR
DATE OF DISCHARGE	19970430
DISCHARGE AUTHORITY	AR .635-200 , 11
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 177
2.
3.
4.
5.
6.