| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that his uncharacterized discharge be changed to reflect an honorable discharge by reason of disability.
APPLICANT STATES: That he had an accident in January 1999 prior to his enlisting in the Army which caused bilateral knee sprain, in both knees, and left him unable to attend to his needs. Because of the injury to his knees a hardship situation now exists. The applicant submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
On 25 March 1999, he enlisted in the Regular Army for a period of 4 years. In April 1999 he reported to Fort Jackson, South Carolina for basic training.
On 2 July 1999, his unit commander notified him that he was initiating action to discharge him from military service under the provisions of Army Regulation 635-200, chapter 11, for entry level status (ELS) performance and conduct. The commander’s recommendation was based on the applicant’s lack of motivation, and failure to adapt to the military environment.
The applicant acknowledged his commander’s action, waived his right to legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.
On 2 July 1999, the appropriate separation authority approved the applicant’s ELS separation with an uncharacterized description of service.
On 12 July 1999, the applicant was separated in the pay grade of E-4, under the above cited regulation. His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 3 months and 18 days of active service.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 11 of that regulation provides for the separation of personnel in an entry level status who cannot or will not adapt socially or emotionally to military life or who have demonstrated character and behavior characteristics not compatible with satisfactory continued service. These provisions apply only to individuals whose separation processing is started within 180 days of entry into active duty. An uncharacterized separation is mandatory
under this chapter.
Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.
On 7 November 2001, the Army Discharge Review Board found the applicant’s discharge to be proper and equitable and denied his request for an upgrade.
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. There is no evidence in the available records, nor did the applicant provide documentation to substantiate his claim that his knee injury adversely affected his military performance or conduct or that it warranted processing via disability channels.
2. The applicant’s discharge proceedings were conducted in accordance with appropriate laws and regulations, and there is no basis for changing the reason for his separation or the characterization of his service.
3. 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 to show that there was an error or injustice in this case.
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
__JHL___ __RJW__ __RTD __ DENY APPLICATION
| CASE ID | AR2001065418 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020226 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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