MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            24 March 1999
	DOCKET NUMBER:   AR1999023735

	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 the character of service on her
DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show medical instead of uncharacterized.

APPLICANT STATES:  That an uncharacterized discharge does not explain or describe the reason for her discharge from the Army.  In support of her application, she submits a letter of explanation and a copy of the Entrance Physical Standards Board (EPSBD) Proceedings dated 22 January 1997.    

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

She enlisted on 31 October 1996 for a period of 4 years and was transferred to Fort Jackson, South Carolina, for basic training.

Although the facts and circumstances surrounding the applicant’s discharge are not present in the available records, the applicant provided a copy of her EPSBD conducted on 22 January 1997.  The EPSBD indicates that while the applicant was in basic training she was diagnosed with severe patella femoral syndrome.  The EPSBD determined the applicant was medically unfit for enlistment in accordance with current medical fitness standards and the condition existed prior to service.  The Board recommended that the applicant be separated from the service for failure to meet medical procurement standards in accordance with chapter 2, paragraph 2-39c, Army Regulation 40-501.  The Board also determined that the applicant met medical retention standards in accordance with chapter 3, Army Regulation 40-501.   

The approving authority approved the findings on 22 January 1997.

Accordingly, on 4 February 1997, she was discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-11, for failure to meet procurement medical fitness standards and her character of service was uncharacterized.  She had served 3 months and 4 days of total active service.

Army Regulation 635-200 provides the basic authority for the 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 that time, and the medical condition does not disqualify the soldier from retention in the service under the provisions 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 (have completed no more than 180 days of creditable continuous active duty or initial active duty for training, or no more than 90 days of Phase II under a split or alternate training option).

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.  Based on the evidence provided by the applicant, it appears her administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.  The type discharge directed and the reasons therefore were appropriate considering all the facts of the case. 

2.  The applicant’s contention was noted by the Board.  However, she has failed to convince the Board that an error or injustice exists in her case.  

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

__jev ___  ___rwa __  ___alr___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023735	
SUFFIX		
RECON		
DATE BOARDED	1999/03/24	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	1997/02/04	
DISCHARGE AUTHORITY	AR635-200 CHAPTER 5	
DISCHARGE REASON	FAILURE TO MEET MEDICAL FITNESS STANDARDS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  995	145.000	
2.		
3.		
4.		
5.		
6.