| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his uncharacterized discharge be changed to a general under honorable conditions discharge or a medical discharge.
APPLICANT STATES: That the VA has granted service-connection for his injury. An uncharacterized discharge has barred him from student loans to pursue his education. He provides the VA rating decision as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 5 August 1999. His separation packet is not available. His VA rating decision indicates that while in basic training it was noted the applicant had a lump in the epigastrium. He was diagnosed with a symptomatic epigastric hernia and surgery was recommended. The applicant stated that he refused surgery, at which time he was separated from the service.
On 2 November 1999, the applicant was discharged, under the provisions of Army Regulation 635-200, chapter 11, entry-level performance and conduct. He had completed 2 months and 28 days of creditable active service and was given a description of service of uncharacterized.
The VA granted the applicant service connection for a small epigastric hernia with an evaluation of 0 percent effective 3 November 1999.
Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention: cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status. (For Regular Army soldiers, entry level status is the first 180 days of continuous active duty.)
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.
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 or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is no evidence of record and the applicant provides none to show he was medically unfit for military duty and so it appears that processing through the physical disability system and a medical discharge would not have been appropriate. In the absence of evidence to the contrary, the Board presumes the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case. The uncharacterized discharge merely means that the applicant was not in the Army long enough for his character of service to be rated as honorable or otherwise.
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
__rvo___ __rks___ __dph___ DENY APPLICATION
| CASE ID | AR2001062038 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011016 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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