MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 December 1998
	DOCKET NUMBER:    AC98-11359

	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. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Mr. Kenneth L. Wright		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 her uncharacterized discharge be corrected to a medical discharge.  In the alternative, she requests that it be corrected to an honorable discharge.

APPLICANT STATES:  She had played sports during high school which required yearly physical examinations which never uncovered any heart problems.  Likewise, her entrance physical into the Army didn’t uncover any heart problems.  It was only after she was on active duty for 5 days that any indication of heart problems surfaced.  That was when she passed out when she attempted to lift her pack.

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

She enlisted in the Regular Army in pay grade E-1 on 14 January 1997.  

On 28 February 1997 an Entrance Physical Standards Board (EPSBD) was convened to consider whether the applicant had a medical condition which existed at the time of her enlistment which was medically disqualifying.  The applicant was being considered for a complaint of a history of a heart murmur.  The physician writing the EPSBD stated that the applicant was referred to the internal medicine clinic of a military hospital “to be evaluated for a heretofore known cardiac murmur disclosed at the Moment of Truth.”  She had undergone several tests and was diagnosed as having valvular heart disease, a condition which was medically disqualifying for enlistment.  The EPSBD recommended that the applicant be discharged.  The applicant stated that she concurred with the findings and recommendation of the EPSBD and requested to be discharged without delay.

Accordingly, on 13 March 1997 she was given an uncharacterized separation for failure to meet procurement medical fitness standards.  She had served 2 months on active duty.

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, 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Even if the Board is to believe that the applicant’s valvular heart disease was never detected prior to her enlistment, it still would not indicate that her condition had its inception within the 5 days she was on active duty prior to her exhibiting symptoms of that disease.  Therefore, the classification of the disease as having existed prior to service was justifiable.

2.  However, it appears from the EPSBD write up that the applicant had admitted to having a history of a heart murmur, an admission which resulted in her being referred to internal medicine.

3.  As such, it appears that the applicant’s discharge was proper and equitable and there is no reason to change it.

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

_KLW___  _MHM __  KLW____  DENY APPLICATION

						Loren G. Harrell
						Director

CASE ID	AC98-11359	
SUFFIX		
RECON		
DATE BOARDED	1998 December 17	
TYPE OF DISCHARGE	UC	
DATE OF DISCHARGE	1997 March 13	
DISCHARGE AUTHORITY	AR .635-200, Chapter 5	
DISCHARGE REASON	Failure to Meet Procurement Medical Fitness Standards 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
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