MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  24 November 1999                            
	DOCKET NUMBER:   AR1999030067

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Lester Echols		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:  Reconsideration of his request for a disability retirement or separation. 

APPLICANT STATES:  In effect, that he believes that he injured his back while he was in the military and the injury was misdiagnosed.  Doctors determined that flat feet caused his leg and feet pain.  The same symptoms apply to a back injury which is what he has been experiencing since leaving the military.  Further, he states that his reenlistment eligibility (RE) code shows that he could not reenlist and he believes that it pertains to his medical condition.  In support of his request he submits a statement written in his own behalf, a DA Form 8-274 (Medical Condition-Physical Profile Record), a DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge), and medical documents from a Department of Veterans Affairs (DVA) Claim File.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 28 July 1999 (COPY ATTACHED).

The attached Army Board for Correction o Military Records (ABCMR) Memorandum of Consideration shows that the applicant served in military occupational specialty (MOS) 95B (Military Policeman).  He was honorably discharged on 28 July 1970, under the provisions of Army Regulation 635-200 by reason of early separation of overseas returnee.  He had completed 1 year, 
11 months and 24 days of creditable service and he also had 4 days lost time due to being AWOL.  He was assigned an RE code RE-3B. 

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

An RE code RE-3B applies to individuals who are not eligible for reenlistment unless a waiver is granted.  This code is applicable only to persons who have time lost during their last period of service.

The medical evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge.

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.
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 overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

2.  The documents that the applicant has provided shows that he was diagnosed to have flat feet and that he was given a profile for no prolonged standing or walking and that he should be given a job that would allow him to sit and work.  He has provided no evidence to the contrary.

3.  Flat feet are not a medically unfitting condition that warrants a physical disability separation. 

4.  Additionally, the applicant was assigned an RE code of RE-3B as a result of his lost time and not due to any medical condition.

5.  Since, the applicant has provided no probative medical evidence to show that he had a medically unfitting disability at the time of separation that required physical disability processing there is no basis for physical disability retirement or separation.

6.	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

RVD____  RGH____  LE______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999030067	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	199700728	
DISCHARGE AUTHORITY	AR635-200, CH 5  	
DISCHARGE REASON	A177.00	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	108.0000	
2.		
3.		
4.		
5.		
6.