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ARMY | BCMR | CY2002 | 2002067014C070402
Original file (2002067014C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2002067014

         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
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Walter T. Morrison Member
Mr. Christopher J. Prosser 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)


APPLICANT REQUESTS: That his uncharacterized discharge be characterized as honorable.

APPLICANT STATES: In effect, that he believes that his discharge should be characterized as honorable.

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

He enlisted on 18 April 2001 for a period of 6 years, a cash enlistment bonus and enrollment in the Army College Fund Program. He was transferred to Fort Knox, Kentucky to undergo his basic combat training.

The facts and circumstances surrounding his administrative discharge are not present in the available records. However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that he was discharged on 2 July 2001, under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet medical/physical procurement standards. He had served 2 months and 15 days of total active service and his service was uncharacterized.

He applied to the Army Discharge Review Board to have his service characterized as honorable and that board determined that his service was properly uncharacterized and voted unanimously to deny his application on 7 December 2001.

Army Regulation 635-200 provides the guidance for characterizing service. It provides, in pertinent part, that characterization will be determined solely by the soldier’s military record which includes the soldier’s behavior and performance of duty during the current enlistment or period of service to which the separation pertains. However, a separation will be described as an entry-level separation with service uncharacterized if processing is initiated while a soldier in an entry level status (180 days or less).

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. The applicant had served less than 180 days and was in an entry level status at the time he was discharged. Accordingly, his service was uncharacterized in accordance with the applicable regulatory guidelines and he has failed to show that an error or injustice occurred in his case.

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

__fe ____ ___cjp __ __wtm___ DENY APPLICATION



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




INDEX

CASE ID AR2002067014
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/05/02
TYPE OF DISCHARGE UNCHAR
DATE OF DISCHARGE 2001/07/02
DISCHARGE AUTHORITY AR635-200/CH5
DISCHARGE REASON FAIL TO MEET PROCUREMENT MEDICAL STANDARDS
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 360 144.0000/ADM DISCH
2.
3.
4.
5.
6.


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