MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 July 2000      
	DOCKET NUMBER:   AR1999028462

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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 corrected to reflect an honorable discharge

APPLICANT STATES:  His discharge resulted from a medical condition and that his service was “uncharacterized” only because he did not complete training.  He notes that he “left on good standing” and that the uncharacterized discharge gives the impression of “questionable service.”  He submits no evidence in support of his request.

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

He entered active duty on 10 June 1998.  In October 1998 an Entrance Physical Standards Board concluded that the applicant suffered from “right serratus anterior muscle dysfunction.”  The condition prevented him from doing push-ups, caused a lot of pain in his right shoulder, and prevented him from participating in activities which required a lot of upper extremity strength.  The board determined that the condition was “likely due to a chronic or even congenital process” and that he did not meet procurement medical fitness standards.  The board assigned a permanent profile prohibiting crawling, stooping, running, jumping, marching, and mandatory physical activities and recommended the applicant be administratively separated from the Army under the provisions of Army Regulation 635-200, Chapter 5.

While the applicant concurred with the findings of the board he did request retention on active duty.  The applicant’s commander, however, recommended the applicant be separated.  The board’s findings and recommendation were approved and on 12 November 1998 the applicant was discharged.  His brief military service was uncharacterized.

The Army Discharge Review Board denied the applicant’s petition to change the characterization of his service on 10 December 1999.

Army Regulation 635-40, paragraph B-10, provides that hereditary, congenital, and other EPTS conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service aggravated complications are clearly documented or unless a soldier has been permitted to continue on active duty after such a condition, known to be progressive, was diagnoses or should have been diagnosed.

Army Regulation 635-40 also provides that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated without entitlement to benefits.

Army Regulation 635-200, paragraph 5-11, provides for the administrative separation of soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment providing that the medical condition is identified by appropriate military medical authorities within 6 months of the soldier’s initial entrance on active duty with the Regular Army.  The service of soldiers separated under the preceding provisions is “uncharacterized” for those who are in an entry level status (within first 180 days of continuous active duty).

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 the absence of evidence to the contrary the Board presumes that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  While it is unfortunate that the applicant believes that the an uncharacterized discharge may give the “impression of questionable service” that belief does not serve as justification to change the character of his service to honorable.

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

___cmf__  __emw___  ___jpi__  DENY APPLICATION

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

INDEX

CASE ID	AR1999028462	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
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.	108.00	
2.		
3.		
4.		
5.		
6.