RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 August 2006
DOCKET NUMBER: AR20060001739
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 |
| |Mr. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Jeffrey C. Redmann | |Member |
| |Ms. Karmin S. Jenkins | |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 that his period of service be characterized as
honorable.
2. The applicant states that he was sent to a psychiatrist because he was
not fitting in with the company and was diagnosed as suffering from
Attention Deficit Disorder. He believes that the uncharacterized discharge
is adversely affecting his employment opportunities.
3. The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The records show the applicant entered active duty on 22 April 2004 and
completed basic combat training.
2. The available record does not contain any of the discharge processing
documentation.
3. On 30 July 2004 the applicant was discharged under the provisions of
Army Regulation 635-200, paragraph 5-11 for failure to meet procurement
medical fitness standards. He had 3 months and 9 days of creditable
service with no time lost.
4. Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel from active duty. Paragraph 5-11 provides for the
early separation (within the first six months) of those individuals who
were not qualified under procurement medical standards, who manifested
symptoms of medical problems that would have made them not qualified under
procurement medical standards or who became not qualified prior to entry.
Although a Soldier in such circumstance has a right to request retention,
an individual has no right to be retained. The retention or separation
decision is within the cognizance of the appropriate discharge authority.
Except in certain extraordinary cases, an uncharacterized entry level
separation is mandatory for all individuals who are in an entry level
status (within the first 180 of active duty) at the time separation
processing is commenced.
5. The regulation also provides that if separation processing is commenced
within the first 180 of active duty an uncharacterized separation is to be
issued unless the absence of characterization is clearly unjust.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it is presumed that the
discharge proceedings were conducted in accordance with law and regulations
applicable at the time. An uncharacterized discharge is warranted for the
circumstances as described by the applicant.
2. The applicant has provided no documentation nor does the record contain
any indication that his limited period of service was so meritorious as to
warrant characterization. An uncharacterized description of service merely
means he was not in the Army long enough to be rated as honorable or
otherwise. It is not meant to be a negative reflection 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 that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_ JCR___ __WDP__ __KSJ___ 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.
_ William D. Powers_______
CHAIRPERSON
INDEX
|CASE ID |AR20060001793 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060831 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE |20040730 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |144 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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