MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 December 2000                   
	DOCKET NUMBER:   AR2000036924

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		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:  That his uncharacterized description of service be changed to a medical, existed prior to service (EPTS) discharge.

APPLICANT STATES:  That a review of his medical records shows that he suffered from chondromalacia (softening of the articular cartilage most frequently in the patella).  This condition was not diagnosed until his uncharacterized discharge was pending.  This condition, exacerbated by his youth, made completion of basic training impossible.  A timely and proper diagnosis would have precluded his uncharacterized discharge and the event surrounding it.  After his discharge he had his condition treated by a private orthopedic doctor.
He provides no supporting evidence.

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

He was born on 23 January 1969.  He enlisted in the Regular Army on              10 October 1986.  

On 21 October 1986, the applicant completed an initial counseling support form.  In the autobiography section, he indicated that his “interests are fishing and powerlifting.”

On 5 November 1986, the applicant was counseled for failing to complete the company physical training run.

On 16 November 1986, the applicant was counseled for being absent from his appointed place of duty.

On 30 October and 17 and 21 November 1986, the applicant was treated for knee pain.  All three entries indicate there was negative edema or negative effusion.  The 21 November 1986 entry indicates “A:  Chondromalacia.”

On 4 December 1986, the applicant was treated for back and knee pain.  Regarding his knees, the screening note indicates that he had no history of injury and the pain came on suddenly.

On 9 December 1986, the applicant was treated for attempting suicide by taking an overdose of a prescribed painkiller.  The medical records consultation sheet notes that he was distraught regarding a pending Article 15 and that he felt harassed because his back and knee problems prevented him from completing physical training requirements.

On 9 December 1986, the applicant was counseled regarding his attempted suicide.  The counseling form noted that he had not approached any member of his chain of command to discuss his problems or seek the advice of the chaplain.

The applicant’s commander initiated discharge action on the applicant under the provisions of Army Regulation 635-200, chapter 11, Trainee Discharge Program. He cited the applicant’s unwillingness and inability to adapt to military life.  The applicant acknowledged notification of the proposed uncharacterized entry level separation.  He elected not to make a statement, he did not desire a separation medical examination, he did not desire to consult with military or civilian legal counsel.

On 15 December 1986, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for disobeying an order to do squat thrusts.

On 16 December 1986, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a, entry level status performance and conduct with an uncharacterized description of service.  He had completed         2 months and 7 days of creditable active service.

On 26 April 1991, the applicant enlisted in the Army National Guard with a waiver.  He served on active duty for training and was awarded military occupational specialty 95B (Military Police) and was honorably discharged on     23 February 1999.

Army Regulation 635-200, chapter 3 provides that unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status.  (For Regular Army soldiers, entry level status is the first 180 days of continuous active duty.)

Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  The following conditions are illustrations of conduct that do not qualify for retention:  cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  Chapter 5 provides for the separation of an enlisted soldier for non-service aggravated EPTS conditions when the soldier requests waiver of a physical evaluation board (PEB) evaluation.  The soldier must be eligible for referral into the disability system (time in service exceeds 6 months or the condition is disqualifying under Army regulation 40-501, chapter 3), must not meet medical retention standards as determined by the MEB, the disqualifying defect or condition must have existed prior to entry on the current period of duty and not been aggravated by such duty; the soldier is mentally competent and knowledge of information about his medical condition would not be harmful to his well-being; and further hospitalization is not required. 

Army Regulation 40-501 governs medical fitness standards for enlistment, retention and separation.  Chapter 3 governs medical fitness retention standards. Paragraph 3-14 states that one of the causes for referral to a medical evaluation board is chondromalacia or osteochondritis dissecans, severe, manifested by frequent joint effusion (swelling), more than moderate interference with function, or with severe residuals from surgery.

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.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant did not meet the eligibility requirements for a discharge under the provisions of Army Regulation 635-40.  He had less than 6 months time in service.  Also, although one of his treatment records showed an entry for chondromalacia, there is no evidence that the condition met the requirements of Army Regulation 40-501, chapter 3 for referral to a medical evaluation board (severe, manifested by frequent joint effusion, more than moderate interference with function).  

3.  A chapter 11 discharge is used for entry-level soldiers not qualified for retention for one of several reasons, including if they cannot meet the minimum standards prescribed for successful completion of training because of a lack of ability.  The applicant’s commander cited his unwillingness and inability to adapt to military life as the reason for the discharge.  The applicant agrees with this by stating that his knee pain made completion of basic training impossible.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

4.  An uncharacterized discharge is not meant to be a negative reflection of a soldier’s military service.  It merely means that the soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  The applicant received it because of the length of his service, not solely because of the reason for his discharge.
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

__rvo___  __ewl___  __jpi___  DENY APPLICATION

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

INDEX

CASE ID	AR2000036924	
SUFFIX		
RECON		
DATE BOARDED	20001207	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19861216	
DISCHARGE AUTHORITY	AR 635-200, ch 11 	
DISCHARGE REASON	A25.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.