RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060000363


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his uncharacterized discharge
be upgraded to an honorable discharge.

2.  The applicant states, in effect, that he was discharged due to his
noncompliance with the military and his back pain.  He contends that due to
"mistreatment" he was not medically discharged.  The applicant further
states that he has been medically cleared and wants the opportunity to
reenlist.

3.  The applicant provides a copy of DA Form 4856 (Developmental Counseling
Form), dated 15 October 2004; a letter from the Family Doctors Clinic,
Harrison, Arkansas, dated 11 July 2005; a DA Form 3349 (Physical Profile),
dated 14 October 2004; and his DD Form 214 (Certificate of Release or
Discharge from Active Duty) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 7 October 2004, the applicant enlisted in the Army for a period of
four years.

2.  A DA Form 3349 (Physical Profile), dated 14 October 2004, shows the
applicant was diagnosed with chronic back pain.  [A physical profile
provides an index to the overall functional capacity of a Soldier and is
used to assist the unit commander and personnel officer in their
determination of what duty assignments the Soldier is capable of
performing, and if reclassification action is warranted.]  The medical
corps officer awarded the applicant a permanent profile of 311111 with
numerous restrictions.  This form also shows the applicant was pending
discharge from the service.

3.  A DA Form 4856-E (Developmental Counseling Form), dated 14 October
2004, shows the applicant was notified that he was being recommended for
Entry Level Separation in accordance with chapter 11 of Army Regulation 635-
200 (Active Duty Enlisted Administrative Separations).  Part III (Summary
of Counseling) of this form contains the following entry: "You were
interviewed by behavior medicine who strongly recommends administrative
separation."  The applicant agreed with the counseling and authenticated
this form with his signature.



4.  A DA Form 4856 (Developmental Counseling Form), dated 15 October 2004,
shows the applicant was counseled by his Platoon Leader.  The Platoon
Leader stated that the chain of command recommended an Entry Level
Separation in accordance with chapter 11 of Army Regulation 635-200 for
"Performance or Conduct Failure."

5.  Part III (Summary of Counseling) of DA Form 4856, shows the Platoon
Leader stated the applicant made statements that he was "most definitely
not willing to adapt" and has "no desire to conform to the military
culture."  The Platoon Leader continues the applicant was on sick-call
several times for chronic back pain and the medical condition was a
"distracter" to his training.

6.  The Platoon Leader also informed the applicant that his current term of
service would be uncharacterized since he served less than 180 days on
active duty; that the characterization of service and the discharge
certificate received would become a permanent record, and may be provided
to any Federal agencies if he was to apply for either federal employment or
a security clearance; of the possible effects that each type of discharge
would have on reenlistment, civilian employment, veterans benefits, and
related matters; that separation prior to expiration of service (ETS) may
preclude him from enlisting in any component of the Armed Forces; that
separation prior to ETS may cause him to lose entitlement to education
benefits and money paid into the college fund; that separation prior to ETS
will recoup any unearned bonus received for enlistment; it would be very
unlikely that any attempt to have the characterization of his service
upgraded [would be successful]; that he is encouraged to make every
reasonable effort to ensure his performance and conduct meets the military
standard; and he will be given a reasonable effort to bring his sub-
standard performance and conduct to acceptable military standards.

7.  The DA Form 4856 shows the applicant agreed with the counseling and
authenticated this form with his signature.

8.  On 15 October 2004, the applicant's commander initiated discharge
action under the provisions of Army Regulation 635-200, chapter 11, Trainee
Discharge Program.  The commander stated that the applicant repeatedly
stated he had no desire to train as a Soldier and displayed poor attitude.


9.  The commander continues that the applicant was on sick-call several
times for back pain and was recommended for separation with a poor
prognosis for successful completion of training.

10.  On 15 October 2004, the approving authority waived the rehabilitative
transfer, approved the recommendation for discharge, and directed that the
applicant be issued an entry-level separation with an uncharacterized
description of service.

11.  On 15 October 2004, the applicant was discharged with an
uncharacterized description of service under the provisions chapter 11 of
Army Regulation 635-200.  He was given a reenlistment code of 3 and a
narrative reason for separation of "entry-level performance and conduct."
The applicant completed 9 days of creditable active service with no lost
time.

12.  The applicant submitted a Family Doctors Clinic letter, dated 11 July
2005.  The civilian physician states the applicant is his patient and over
2 years ago he was involved in a motor vehicle accident which caused an
acute lumbar strain.  The physician continues that currently the
applicant's exam is normal and his back is without any deformities, spasms,
and he has no difficulty in moving around.

13.  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 characterization of service if in an
entry-level status.  (For Regular Army Soldiers, entry-level status is the
first 180 days of continuous active duty.)

14.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of
Medical Fitness) provides that the basic purpose of the physical profile
serial system is to provide an index to the overall functional capacity of
an individual and is used to assist the unit commander and personnel
officer in their determination of what duty assignments the individual is
capable of performing, and if reclassification action is warranted.  Four
numerical designations (1-4) are used to reflect different levels of
functional capacity in six factors (PULHES): P-physical capacity or
stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-
eyes, and S-psychiatric.  Numerical designator "1" under all factors
indicates that an individual is considered to possess a high level of
medical fitness and, consequently, is medically fit for any military
assignment.  Numerical designators "2" and "3" indicate that an individual
has a medical condition or physical defect which requires certain
restrictions in assignment within which the individual is physically
capable of performing military duty.  The individual should receive
assignments commensurate with his or her functional capacity.  Numerical
designator "4" indicates that an individual has one or more medical
conditions or physical defects of such severity that performance of
military duty must be drastically limited.  The numerical designator "4"
does not necessarily mean that the individual is unfit because of physical
disability as defined in Army Regulation 635-40.

15.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality
of the member's service generally has met the standards of acceptable
conduct and performance of duty for Army personnel (emphasis added), or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.  Whenever there is doubt, it is to be resolved in favor of
the individual.

16.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his entry-level discharge be upgraded to an
honorable discharge because his medical condition has improved and he wants
the opportunity to again enlist for military service.

2.  The ABCMR does not grant requests for upgrade of discharges solely for
the purpose of making a person eligible for enlistments.

3.  Entry-level Soldiers not qualified for retention for one of several
reasons, including not meeting minimum standards prescribed for successful
completion of training are discharged in accordance with the provisions of
Chapter 11 of
Army Regulation 635-200.  The applicant's commander cited that the
applicant had no desire to train and displayed poor attitude.  The
uncharacterized discharge and the reason for discharge were appropriate
considering all the facts and available evidence.

4.  An uncharacterized discharge is not intended to be a negative
reflection of a Soldier's military service.  It merely means that the
Soldier has not been in the Army long enough for his or her character of
service to be rated as honorable or otherwise.  The applicant received an
uncharacterized discharge in part because of the length of his service and
not solely because of the reason for his discharge.

5.  After a review of the applicant's record of service, it is evident that
his quality of service did not meet the standards of acceptable conduct and
performance of duty for Army personnel.  Additionally, his service is
deemed uncharacterized in view of his numerous counseling and completion of
less than 180 days of active service.  Therefore, he is not entitled to
either a general or an honorable discharge.

6.  Based on the foregoing, the applicant's uncharacterized discharge is
correct as currently constituted and there is no basis to amend his
discharge to show that he was honorably discharged.

7.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RDG___  _PMS  ___  _LMD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                      _Paul M. Smith___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000363                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |2004/10/14                              |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 11                  |
|DISCHARGE REASON        |Entry level performance and conduct     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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