MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 March 1999
	DOCKET NUMBER:    AC98-11159
                                               AR1998014384

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Curtis L. Greenway		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:  In effect, that she be given the opportunity to serve in the Army.

APPLICANT STATES:  That she was not given any options, counseled about her legal rights, or allowed to speak to a liaison about her case.  She contends  that her commanding officer told her that she was out of the Army and there was nothing she could do about it.  In support of her application she provides a copy of her separation document (DD Form 214), a statement from her chiropractor, and a copy of her report of medical examination at the time of her enlistment.

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

She enlisted in the Army on 12 May 1997 for 4 years.  She was assigned to Fort Jackson, South Carolina to attend basic combat training.

On 20 May 1997 the applicant underwent a medical examination.  The physician diagnosed her as suffering from chronic low back pain and stated that she met the requirements for separation under the provisions of Army Regulation 635-40, chapter 5.

On 20 May 1997 a medical evaluation board (MEB) convened to evaluate the applicant’s medical condition.  It found that the applicant suffered from chronic low back pain secondary to a motor vehicle accident, and that this condition existed prior to service (EPTS) in the Army.  The MEB recommended that the applicant be separated from the service under the provisions of Army Regulation 635-40, chapter 5.  The applicant concurred with the MEB findings and recommendation.

On 20 May 1997 the applicant was counseled by her commanding officer regarding her options.  She waived consideration of her case by a physical evaluation board (PEB) and requested to be discharged for a physical disability based upon the findings and recommendation of the MEB.

On 2 June 1997 the applicant was discharged from the Army under the provisions of Army Regulation 635-40 paragraph 4-24e(3), for physical disability with severance pay.  Her service was uncharacterized.  She completed 21 days of creditable active service.

Army Regulation 635-40 sets forth the basic authority for the evaluation of the physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  Chapter 5 of that regulation provides for the separation of an enlisted soldier for non-service aggravated EPTS conditions when the soldier requests waiver of PEB evaluation.

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.  The applicant’s request for separation under the provisions of Army Regulation 635-40, chapter 5, for an EPTS medical condition was administratively correct and in conformance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.

2.  The applicant has not provided any substantiating evidence to support her contention that she was not properly counseled regarding her discharge for an EPTS medical condition.

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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11159/AR1998014384	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990311	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970602	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.