MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 July 1999                  
	DOCKET NUMBER:   AR199901681

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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, physical disability separation.  He requests that his separation because of a reduction in force (RIF) be changed to a medical discharge.

APPLICANT STATES:  That he was diagnosed with hemochromatosis in 1991.  Complications from this disease rendered him non deployable and unfit for duty.  The medical review board refused to consider this because the RIF action was initiated before the medical system acted.  

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

The applicant was appointed a second lieutenant in the Regular Army on           20 December 1977 in the Transportation Branch, and remained on continuous active duty until his discharge in 1993, attaining the rank of Major.

On 29 May 1992 the Total Army Personnel Command (PERSCOM) notified him that he was selected for involuntary separation from active duty by the FY 92 Majors RIF board, requiring his separation from active duty no later than           29 September 1992.  He was further informed that he could request an extension of active duty for up to 120 days after that date.

The applicant requested extension and also requested an appointment in the Army Reserve.  He was informed that his request for extension on active duty for medical reasons was approved, and that he would be separated no later than    27 January 1993.  On that date, PERSCOM granted authority to retain the applicant on active duty until 27 April 1993 or on completion of medical evaluation board processing, whichever came first.

In an 11 February 1993 memorandum the Chief of the PERSCOM Physical Disability Branch approved the findings of the 6 January 1993 Physical Evaluation Board (PEB) which met at Fort Sam Houston, Texas.  The applicant was determined to be fit for duty, and found physically fit to perform the duties of his office, grade, rank, and MOS, in accordance with physical profile and assignment limitations.  That memorandum went on to say that if the soldier was scheduled for separation or retirement for reasons other than physical disability, that separation or retirement action should continue.

The applicant was discharged on 31 March 1993 at Fort Polk, Louisiana, under the provisions of Army Regulation 635-100, paragraph 3-49g, reduction in authorized strength.  He had 15 years, 3 months, and 11 days of service.  He received separation pay in the amount of $66,149.00. 

On 1 April 1993 the applicant was appointed a Reserve commissioned officer in the rank of Major.  On 30 September 1996 he was promoted to Lieutenant Colonel.  An officer evaluation report ending on 30 April 1998 shows that he is assigned to a Reserve command in North Little Rock, Arkansas.

Army Regulation 635-100 provides policies and procedures for separating officers from active duty.  Paragraph 3-49g states in effect, that officers will be involuntarily released from active duty on the recommendation of a DA active duty board (DAADB) when budgetary or authorization limitations require a reduction of officer strength.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

Army Regulation 635-40, paragraph 3-2b, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

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 was properly discharged from the Army because of a reduction in force.  He was physically fit for separation as determined by the                       6 January 1993 findings of a PEB.   Notwithstanding the applicant’s contentions, the medical board action was completed prior to his discharge.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 the aforementioned requirement.

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

__fne___  __lem___  ___mvt__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016861	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990728	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 108.00		
2.		
3.		
4.		
5.		
6.