MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 October 2000 
	DOCKET NUMBER:  AR2000039689

	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. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol J. Suiter		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 discharge be changed to separation by reason of physical disability.

APPLICANT STATES:  That his discharge was based on inaccurate information. He submits current medical statements of examination from two civilian doctors of medicine in support of his application.

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

He enlisted and entered active duty on 18 January 1996.  Copies of his entrance physical examination of 25 September 1995 shows that he presented his current health as “Good”, no painful joints, no recurrent back pain, did not list any prior injuries, and had not consulted a physician in the past 5 years.

On 16 February 1996 a Entrance Physical Standards Board (EPSBD) was conducted to determine the applicant’s medical fitness for continued service.  The proceedings state that he had a 4 year history of back pain originally developed when playing soccer.  He was treated by four different physicians and treated with physical therapy, braces, limitation on activity, and medications.

The EPSBD diagnosed the applicant with lower back pain and a spinal deformity that existed prior to his military service.  He was recommended for immediate separation based on these prior existing medical conditions that precluded further military service.  The recommendation was approved on 21 February 1996.

On 28 February 1996 the applicant concurred with the proceedings and requested discharge without delay.  The separation authority approved the recommendation on 1 March 1996.

Effective 6 March 1996 the applicant was separated under the authority of Army Regulation 635-200, paragraph 5-11 for failure to meet medical procurement fitness standards.  He had 1 month and 19 days creditable service.  His character of service was stated as “Uncharacterized.”

Army Regulation 635-200 provides the policy for the separation of enlisted personnel.  Paragraph 5-11 provides for separation of personnel who do not meet procurement medical fitness standards.  When medical proceedings establish that a disqualifying medical condition was identified within 6 months of entrance on active duty, the soldier will be separated.  Additionally, the characterization of service for a soldier in a entry level status will be uncharacterized.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

The applicant provides copies of 1998 and 1999 statements from two medical doctors which indicate that he was examined and diagnosed with a spondylotic defect.  Also mentioned is a congenital variation in the vertebrae with spina bifida occulta.

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.  Shortly after entrance on active duty, competent medical authority determined that the applicant was medically unfit for entrance on active duty due to a medical condition that was neither incurred in nor aggravated by active military service.  The applicant concurred and requested discharge without delay.  Accordingly, the applicant was discharged without disability benefits from the Army.

2.  The Board has noted the contentions of the applicant.  However, they are not supported by either evidence submitted with the application or the evidence of record.  The discharge process was in accordance with applicable law and regulations and the applicant's service was appropriately characterized.

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

__jm____  ____jd____  ___cs___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039689	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001012	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19960306	
DISCHARGE AUTHORITY	AR 635-200, PARA 5-11	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.	108.00	
3.		
4.		
5.		
6.