MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2000
	DOCKET NUMBER:   AR2000037701

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor 		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 Honorable Discharge (HD) be changed to "under Medical reasons."  In effect, he is requesting physical disability separation or retirement.

APPLICANT STATES:  That he was injured during Basic Combat Training when he damaged a nerve in his leg.  In a 16 February 2000 letter, he adds that just prior to enlisting, he was shot in the leg which caused nerve damage and made it difficult for him to perform in Basic Combat Training (BCT).  He states that he was given a physical profile which angered his drill instructor who used racial epithets towards him.  He states that he was ordered to sign his discharge or be court-martialed.

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

He enlisted in the Regular Army for 2 years on 17 February 1972.  On his enlistment physical, he did not mention that he had suffered a gunshot wound to his left leg; the only medical problem that he mentioned was a stab wound to the abdomen suffered on 19 June 1970.

The applicant was enlisted and reported to Fort Knox, Kentucky for BCT.  In BCT, he had trouble performing physical training and underwent a physical examination which revealed the gunshot wound to his left thigh.

The applicant underwent a medical evaluation board which determined that he suffered from sciatic nerve palsy as a result of the sciatic nerve being damaged by the gunshot wound.  The condition was classified as EPTS (existing prior to service) and he was found unfit for enlistment.  He was given the choice of completing his enlistment or applying for separation; he chose to separate.

On 19 April 1972, the applicant was honorably discharged for failure to meet medical fitness standards at the time of enlistment under the provisions of Army Regulation 635-200, chapter 5.  He had 2 months and 3 days of service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.   Chapter 5 contains the authority and outlines the procedures for discharging individuals by reason of Secretarial authority.  Paragraph 5-9 deals with failure to meet procurement medical fitness standards.

Army Regulation 40-501 provides standards for medical retention in chapter 3.  Basically, it provides that although the applicant's condition disqualified him from entry into the military, it was not disqualifying for retention on 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 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 had sciatic nerve palsy, an EPTS condition that prevented him from participating in physical activity.  He was given a medical evaluation board, which determined that he did not meet procurement medical fitness standards at enlistment.  He was given the option of completing his enlistment or being discharged.  He chose discharge.

3.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  There is no indication in the record that he was coerced into accepting a discharge, or that his drill sergeant demonstrated racism towards him.

4.  The applicant was not injured during BCT; his medical condition existed prior to his enlistment.  Furthermore, although he was not qualified for entry into the military, his condition was not disqualifying for retention on active duty had he chosen to do so.  In effect, he did not qualify for physical disability separation.

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

__jdm___  __ra____  __cg_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037701	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	108.0000	
2.		
3.		
4.		
5.		
6.