MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            24 March 1999 
	DOCKET NUMBER:   AR1999018117

	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. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		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 he be placed on the Permanent Disability Retired List.  

APPLICANT STATES:  In effect, that he was supposed to be retired with a disability as shown on his DD Form 214 (Report of Separation from Active Duty). In support of his application, he submits a copy of a medical report dated
22 December 1997 wherein he is diagnosed with chronic abdominal pain, Reiter’s syndrome and Hepatitis C.
  
EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 13 August 1976 for a period of 3 years.  He successfully completed his basic and advanced individual training and was transferred to Fort Carson, Colorado, for duty as a food service specialist.

On 5 December 1977 the applicant was determined to be unfit for duty because of physical disability (40%) and placed on the Temporary Disability Retired List (TDRL).  On 10 October 1979 the applicant was notified that he was found fit for duty and would be removed from the TDRL effective 31 October 1979.  He was afforded the opportunity and elected to reenlist in the Regular Army prior to the effective date of his removal from the TDRL.  However, there is no indication in the applicant’s personnel records that he executed an enlistment or reenlistment agreement.  Accordingly, he was removed from the TDRL on 31 October 1979 and transferred to the USAR Control Group (Reinforcement) to complete his reserve obligation.  He was honorably discharged from the Ready Reserve on
12 August 1982.  

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 evidence of record indicates that the applicant was medically examined and found medically fit for duty and, therefore, fit for separation at the time of his separation. 

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The applicant’s contentions were noted by the Board.  However, he has failed to show through the evidence submitted with his application or the evidence of record, that the actions taken in his case were in error or unjust.

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

__jev ___  ___rwa __  __alr____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018117	
SUFFIX		
RECON		
DATE BOARDED	1999/03/24	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1982/08/12	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  995	145.000	
2.		
3.		
4.		
5.		
6.