MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             30 March 2000                 
	DOCKET NUMBER:   AR1999023881

	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.

	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 disability separation be changed to disability retirement, or that he be recalled to active duty until such time as he is eligible for retirement. 

APPLICANT STATES:  In effect, that he was told that his knee condition was non-repairable, and later learned that the condition could have been corrected; that he was not afforded the opportunity to reclassify; nor was he allowed to remain on active duty until eligible to retire.  In support of his request the applicant submits medical evaluations and statements from SportsMed; an article on new knee surgery; documents from Fort Hood, Texas pertaining to his medical condition, his performance of duty, and his request for Fixed Wing Multi Engine Qualification Course.  He also submits a copy of his Officer Record Brief (ORB), his flight record, several letters of recommendation, and a copy of his letter seeking assistance from Senator Strom Thurmond.  

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

On 4 March 1987, he was appointed and entered active duty as a Warrant Officer.  He was promoted to Chief Warrant Officer Two on 4 March 1989, and Chief Warrant Officer Three, on 1 February 1995.

Documents provided by the applicant revealed that a Physical Evaluation Board (PEB) found him unfit for military service, with a 10 percent disability rating for degenerative joint disease of his right knee.

On 12 March 1997, the recommendation by a Physical Evaluation Board (PEB) concerning the applicant’s disposition was approved, and agreed upon by the applicant. 

Additional facts and circumstances concerning the applicant’s separation are not in the available records.  His Report of Separation (DD Form 214) indicates he was separated on 21 May 1997, under the provisions of Army Regulation 635-40, because of his disability, and received $70,171.20 in disability severance pay.  

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.

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.  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.  

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The applicant concurred with the PEB findings and recommendation, and  provides no evidence or documentation with his application to show that his condition was improperly diagnosed.  

4.  The applicant's contentions do not demonstrate error or injustice in the disability rating assigned by the Army, nor error or injustice in the disposition of his case by his separation from the service.

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

___bje___  ___hof__  ___ewl___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999023881	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
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. 110.00		
2.		
3.		
4.		
5.		
6.