MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 February 1999                   
	DOCKET NUMBER:   AC98-11247
                                              AR1998014404

	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:

	Mr. Patrick Bogenberger		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Gary F. Geraets		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 military records be corrected to show he was discharged from the Army due to a medical disability.

APPLICANT STATES:  That he tested positive for a retrovirus that infects the human T cell and can cause acquired immune deficiency syndrome (AIDS).  He contends that he was not given the opportunity to appear before a medical evaluation board so that a determination of his condition could be rendered.  He states that he was on active duty at the time of his disability and is now without a source of income due to his inability to work as a result of the increased nature of his condition.

In support of his application he provides a copy of a narrative summary (clinical resume) dated 21 October 1986, a copy of a consultation sheet dated 13 January 1997, a copy of a neuropsychological screening dated 13 March 1997, and a copy of his last separation document (DD Form 214).

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

He enlisted in the Army on 10 October 1978 for 3 years.  He completed his initial training, served in a series of assignments and was honorably discharged as a specialist four (E-4) on 8 October 1981.  He completed 2 years, 11 months and 29 days of creditable active service during this period.

On 17 December 1983 the applicant was appointed as a second lieutenant in the USAR.  On 5 February 1984 he was ordered to active duty for a 4-year period.

The applicant attended the Engineer Officer Basic Course from February to May 1984.  His academic evaluation shows that he marginally achieved the course standards.

On 5 August 1985 the applicant was promoted to the rank of first lieutenant.

During a routine unit screening in September 1986 the applicant was initially identified as being positive for human t-cell leukemia virus (HTLV).  At Fitzsimons Army Medical Center he was diagnosed as having an HTLV-III infection, a history of chronic lymphadenopathy, a delayed hypersensitivity skin testing and the absence of opportunistic infection.  He received counseling regarding the nature of his HTLV-III infection, its natural history, and the necessity for follow up care.  The applicant was returned to his parent organization with instructions to return in 6 months for a follow up examination.

The applicant’s officer evaluation reports (OER’s) show that he was a hard working, loyal officer who could always be depended upon.  However, he was weak in communicative skills but was showing a steady improvement.

On 31 October 1986 the applicant acknowledged receipt of a letter of notification, informing him that a Department of the Army Selection Board had convened to consider officers for conditional voluntary indefinite status, and that upon examination of the entire record of each officer, he had not been selected.for retention on active duty.  He was advised that he would be released from active duty (REFRAD) no later than his current expiration term of service on 4 February 1987.

Accordingly, the applicant was honorably REFRAD on 4 February 1987.  He completed 5 years, 11 months and 29 days of creditable active duty.

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 REFRAD appears to have been based upon the quality of his duty performance.

2.  There is no evidence of record to show that the applicant’s medical condition at the time of his REFRAD was such as to render him unfit for duty.

3.  The applicant has not provided sufficient evidence to support his contention that he should have been separated from the military service based upon a medical disability.

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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11247	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999.02.10	
TYPE OF DISCHARGE	(HD, 	
DATE OF DISCHARGE	19870204	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	47.17	
2.		
3.		
4.		
5.		
6.