MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  12 September 2000
	DOCKET NUMBER:  AR2000037963

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Carol J. Suiter		Member	
	Mr. Fred N. Eichorn		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 bar to reenlistment be removed and a civilian doctor’s statement be removed from his medical records.

APPLICANT STATES:  That he wants to work in Federal service and the bar to reenlistment and the certificate by the civilian doctor are unlawful.

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

He enlisted and entered active duty on 5 December 1973.  After training as a signal equipment operator he was assigned to Fort Bragg.  He was promoted to pay grade E-3 effective 7 January 1975.  From 6 February 1975 to 15 October 1975 he was punished six times under Article 15, UCMJ.  The offenses included sleeping on guard duty, absent from his place of duty, disobeying lawful orders of non-commissioned and commissioned officers, and disrespectful language.  He was reduced to pay grade E-1 effective 20 August 1975.

On 23 October 1975 the applicant was convicted by special court-martial of two specifications of disobeying a lawful order and two specifications of sleeping on guard duty.  The approved sentence included confinement for 6 months.

On 31 July 1975 a bar to reenlistment was approved for the applicant.  The reasons cited were his poor attitude, ability, and motivation to successfully complete any training as well as his inability to adjust to military life.

On 29 January 1976 he underwent a physical and mental status evaluation for the purpose of separation processing.  The medical examination found him to be qualified for separation with a physical profile of 3.1.1.1.1.1.  The 3 profile was based on a pre-existing seizure disorder.  At a mental status evaluation the applicant's behavior was normal.  He was fully alert and oriented and displayed a level mood.  His thinking was clear, his thought content normal and his memory good.  There was no significant mental illness.  The applicant was mentally responsible.  He was able to distinguish right from wrong and to adhere to the right.

The specific facts and circumstances surrounding his separation are no longer in the available record.  On 4 March 1976 the applicant was separated under the authority of Army Regulation 635-200, chapter 13, with a characterization of under other than honorable conditions.  He had 1 year, 10 months, and 17 days creditable service and 133 days lost time.

On 22 September 1976 the Army Discharge Review Board voted to grant the applicant an upgrade of his discharge to under honorable conditions.

The applicant’s medical records contain a copy of a 4 December 1964 letter from his neurologist at the time, to another doctor.  This doctor noted that the applicant suffered from seizures from age 8 to his current age of 11.  At the bottom of page 3 it shows that it was forwarded to a military doctor on an unspecified date.  A 14 August 1974 record of medical care indicates that the applicant returned his crutches from an ankle injury and provided records from a civilian neurologist which were placed in his health records.

Army Regulation 40-66 provides the policy for Army medical records administration, preparation, and use and other health care documentation.  There are no provisions for removal of a medical diagnosis, obtained for official reasons, and properly entered into the health record.

Army Regulation 601-280 provides the policy for the Army retention program.  It provides the procedure for the denial of reenlistment to soldiers whose reentry or further service is not in the best interest of the Army.  Soldiers who do not measure up to the proper standard because of misconduct or unsuitability will have a bar to reenlistment initiated.  The approval authority for a bar to reenlistment on a soldier with less than 10 years service is the special court-martial convening authority, usually a lieutenant colonel.  There are no provisions for the removal of an approved bar to reenlistment after the soldier has been separated.

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 was treated for episodes of seizures while on active duty and his history of childhood seizures was appropriately obtained and entered into his health records.  There is no basis for removal of the applicant’s civilian doctor’s report.

2.  The applicant’s bar to reenlistment was approved and maintained in accordance with regulation.  There is no error or injustice that would require it to be removed from his records.

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 this 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

__cf____  __cs____  __fe___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037963	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000912	
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.		
2.		
3.		
4.		
5.		
6.