MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:          12 January 2000                    
	DOCKET NUMBER:  AR1999028461

	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.

			Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 	     

APPLICANT REQUESTS: That his separation physical exam be changed to indicate he was mentally ill at the time of discharge.

APPLICANT STATES:  He was normal prior to entering the military and abnormal at discharge.  He has been awarded social security for mental illness that he believes was caused by his service in the Army and he has a claim with the VA.
 
EVIDENCE OF RECORD:  The applicant’s military records show:

He entered the Regular Army on 20 June 1978, trained as a Military Policeman (MP), was assigned to MP Companies in Germany from October 1978 until his discharge.  He advanced through the grades to the rank of Specialist Four and was separated from the Regular Army with a general discharge (Under Honorable Conditions) for failure to maintain acceptable standards for retention, on 25 September 1980.

His decorations include:  Marksman Badge with Rifle and Pistol Bar, and Sharpshooter Badge with Grenade Bar.

The records reflect that in May 1980 the 1SG counseled the applicant regarding his complaint that he (applicant) no longer wanted to be an MP and wanted to return to physical security duty and that he could not enforce laws when he didn’t believe in them and he violated the same laws.  The 1SG reminded the applicant of his responsibilities and told him he could not return to physical security duties.  The session ended with the applicant stating he would give MP work another try, but that he didn’t feel he would make it.

The applicant went AWOL from 15 June 1980 to 24 June 1980.  He received the nonjudicial punishment of reduction to pay grade E-3 and forfeiture of one hundred dollars.

On 3 September 1980 action was taken to revoke the applicant’s security clearance.  

On 11 September action was initiated to discharge the applicant for lack of motivation and poor attitude under the provisions of AR 635-200, Chapter 5-31, the Expeditious Discharge Program.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 31 of that regulation, in effect at the time, provided, in pertinent part, for the separation of personnel who have demonstrated that they cannot or will not meet acceptable standards required of enlisted personnel.  This policy applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued 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.  The applicant is correct in that nothing in his records indicates that he was mentally ill prior to entering the Army.  Neither does his records reflect nor does he submit any information that his duties in the Army or Germany were unusual to the degree that such duties might be the cause of mental illness.  It appears his duties were the normal routine duties assigned to a Specialist Four Military Policeman.

2.  The applicant stated that he has a claim with the VA.  This indicates the applicant believes that approval of his claim by the VA would be binding on this Board or the military department.  This Board and the VA are established for different purposes and operate under separate laws and regulations.  The following is provided for the applicant’s information.  Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

3.  The applicant demonstrated an inability to adapt socially or emotionally to Army life.  He was counseled on his lack of motivation and poor attitude.  The Expeditious Discharge Program was established to administratively dismiss those who have demonstrated that they cannot or will not meet acceptable Army standards as evidenced by a lack of self discipline, motivation or poor attitude.  The applicant displayed these very behaviors; therefore, the use of the Expeditious Discharge was correct.

4.  No medical evidence has been presented by the applicant to demonstrate an injustice in the medical treatment or separation physical received.  In the absence of medical evidence to the contrary, it is presumed that the available medical records are correct as presently constituted.  Additionally it is not the policy of the Board to create or alter service medical records.  Such records merely reflect the observations and opinions of medical examiners at the time they were recorded.

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

_jns_____  _inw____  _lls _____  DENY APPLICATION

		        Karl F. Schneider
					Director, Army Review Boards Agency

INDEX

CASE ID	AC 1999028461	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000112	
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.	124.0100	
2.		
3.		
4.		
5.		
6.