MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 June 2000                   
	DOCKET NUMBER:   AR1999028337

	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. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr. 		Chairperson	
	Ms. Kathleen A. Newman 		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 retirement.  

APPLICANT STATES:  That he was a career soldier who served in the Army for over 10 years.  He submits no evidence in support of his request. 

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

The applicant enlisted in the Army for three years on 6 February 1986 and served on continuous active duty until his discharge in 1998, attaining the rank of Sergeant E-5.  He has been awarded the Army Commendation Medal, the Joint Service Achievement Medal, the Army Achievement Medal, four awards of the Army Good Conduct Medal, and the Expert Field Medical Badge, among his other awards.  He was trained as a medical specialist, and completed the basic NCO course.

The applicant’s NCO evaluation reports show that he was a consistently excellent soldier, who took and passed all the Army Physical Training Tests (APFT) from 1989 until 1996.  His NCO evaluation report for the period ending in February 1997 shows that he had a profile in May of 1996.  His report ending in February 1998 shows that he passed the test in December of 1997.

The applicant was discharged on 1 March 1998 at Fort Stewart, Georgia, under the provisions of Army Regulation 635-200, paragraph 16-8.  The reason for his discharge is shown as, Early Release Program-Special Separation Benefit.  He had 12 years and 26 days of service.  He was awarded a special separation benefit (SSB) of $37,758.96.  The applicant enlisted in the Army Reserve and was assigned to the Army Reserve Control Group (Reinforcement) at St. Louis, Missouri.

Army policy and the Department of Defense Financial Management Regulation, based on Public Law 102-190, 5 December 1991, as amended, prescribes the qualifications for entitlement to readjustment benefits for certain voluntarily separated members.  The SSB is available to members who are retainable on active duty and request voluntarily separation from active duty prior to selection for an involuntary separation.  Generally, to qualify for the SSB individuals must have served on active duty for more than 6 years prior to enactment of this law, served at least 5 years of continuous active duty preceding separation, and meet such other requirements as the Secretary may prescribe which could include requirements relating to years of service, skill, and grade.  Soldiers who are approved for separation must enter into a written agreement to separate from active duty and accept an enlistment or transfer to the Ready Reserves for a period of not less than 3 years. The SSB is a single, lump-sum payment equal to 15 percent of the annual base pay times the number of years on active duty.  The soldier’s DD Form 214 will be annotated to show a reentry eligibility (RE) code of RE-3.  The narrative reason for his separation will be “Early Release Program-Special Separation Benefit,” under the provisions of Army Regulation 635-200, paragraph 16-8, and his separation program designator (SPD), will be “KCB.”

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 states in pertinent part that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.  

That paragraph goes on to say 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.  Absent evidence to the contrary, the applicant was properly discharged from the Army, at his own request, receiving a special separation bonus of over $37,000.00.  There is no information or evidence, nor has the applicant provided any, to show that he was physically unfit for separation.  His continued performance of duty raised a presumption of fitness which he has not overcome by evidence of any unfitting, acute, grave illness or injury concomitant with his separation.

2.  The applicant did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

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

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 that 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

___mvt__  ___owt___  ___kan__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999028337	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000615	
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.  177	108.00	
2.		
3.		
4.		
5.		
6.