MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 March 1999
	DOCKET NUMBER:   AR1999022460

	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. Joyce A. Wright		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 his uncharacterized discharge be change to show that he was discharged by reason of physical disability.

APPLICANT STATES:  In effect, that he was discharged immediately after removal of a cast on his right hand which was due to an injury to the fifth metacarpal.  He also states that he was informed that his discharge was due to his injury and that he was accepted fit for duty.  He further states that his injury occurred 9 years ago prior to entering the service and he had no problem with it. 

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

The applicant initially enlisted on 31 August 1992 as a military policeman for a period of 8 years and was assigned to a troop program unit (TPU).  

On the same day the applicant was administered an entrance examination and his Standard Form 88 (Report of Medical History) indicated that he was qualified for enlistment with a 111111 physical profile.

He was ordered to initial active duty for training (IADT) on 10 September 1992 with a reporting date of 10 February 1993.  On 4 December 1992, orders were revoked pertaining to the applicant’s IADT.  

On 11 March 1993, the applicant’s TPU submitted a request through channels
requesting that the applicant be discharged from the USAR for enlistment in the Regular Army (RA). 

On 13 April 1994, the applicant was separated with an uncharacterized discharged from the USAR under the provisions of Army Regulation 135-178, chapter 3, paragraph 3-3, for enlistment in the Regular Army.

The applicant entered active duty on 14 October 1997.

The applicant’s medical records are unavailable for review.  However, a copy of his Department of Veteran Affairs (DVA) rating decision indicates that he was treated on 4 November 1997 for a fracture of the right fifth metacarpal.  On the same day his hand was placed in boxer’s cast and there were no further complaints or complications.  

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his DD Form 214 shows that on 10 February 1998, he was discharged under the provisions of Army Regulation 635-200, chapter 5-11, for failure to meet procurement medical fitness standards. He was furnished an uncharacterized discharge.  He had a total of 3 months, and 27 days of creditable service.

The applicant filed a claim with the DVA for a service connected disability for fracture, right fifth metacarpal and was granted a 0 percent disability rating on 11 February 1998.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge with its 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at the time, and the medical condition does not disqualify the soldier from retention in the service under the provision of Army Regulation 40-501, chapter 3.  The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry level status.  Army Regulation 635-200 states that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the 
initiation of separation action.

Army Regulation 635-40, chapter 5, provides, in pertinent part, that if a soldier is processed for failure to meet procurement fitness standards within the first six months of entry on active duty and the condition existed prior to the term of service, then the soldier will be discharged in an entry level status with uncharacterized service.

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.  Evidence of record shows that the applicant was separated with an uncharacterized discharge, for failure to meet procurement medical fitness standards.  Although, his medical records were not available for review by the Board, in the absence of evidence to the contrary, it must be presumed that the applicant’s discharge was accomplished in accordance with applicable laws and regulations with no indication of any violation of his rights.

2.  The Board noted the applicant’s contention that he was discharged immediately after removal of a cast on his right hand which was due to an injury to the fifth metacarpal.  However, there is no evidence in the available records to show that he suffered from a medical condition that would have warranted separation by reason of physical disability.  Therefore, there is no basis for physical disability retirement or separation.

3.  The rating action by the DVA does not necessarily demonstrate any error or injustice on the part of the Army.  The DVA, operating under its own policies and regulations, assigns disability ratings as it sees fit.  Any rating action by the VA
does not necessarily constitute an error or injustice on the part of the Department of the Army.

4.  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.

5.  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	AR1999022460	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990324	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19980210 	
DISCHARGE AUTHORITY	AR635-200,chapter 5-11	
DISCHARGE REASON	Failure to Meet Procurement Med Fitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.