MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             10 August 2000   
	DOCKET NUMBER:   AR2000040453

	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. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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, disability separation with entitlement to severance pay vice separation based on a pre-existing medical conditions.

APPLICANT STATES:  That he injured his shoulder during a low-crawl exercise and that as he continued his duties “in the weeks that followed, the condition [was] exacerbated.”  He states that there was no shoulder injury, which existed prior to his entry on active duty (EPTS), and that he refused to sign his disability documents because they were not true.  He notes that subsequently he was pressured to the point of harassment and that there is “absolutely no evidence, clinical or otherwise, that supports the contention that [his] shoulder condition pre-existed [his] military service.”

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

He graduated from high school in 1987 and entered active duty on 13 January 1988.  His enlistment physical examination notes that the applicant broke his right hand in 1985.

On 22 March 1988 the applicant was seen by medical personnel for complaints of a “subluxing/dislocating” right shoulder.  The evaluating physician noted that the applicant indicated that he initially injured his shoulder in the “10th grade while playing football” and re-injured it again that same year.  The applicant related that he re-injured the shoulder again while playing football in the 12th grade.  He reported that his shoulder “keeps coming out 4-5 times in last week.”

On 24 March 1988 the applicant disagreed with the findings of an Entrance Physical Standards Board (EPSBD) which concluded the applicant’s shoulder condition existed prior to his entry on active duty.  The EPSBD recommended the applicant be released under the provisions of Army Regulation 635-200, Chapter 5 for failure to meet procurement medical standards.

Because the applicant non-concurred with the findings and recommendation, the action was returned for further medical evaluation.  A 29 April 1988 medical statement indicates the applicant had a history of injury to his right shoulder from playing football.  The physician noted on the medical report that the applicant indicated that he injured the shoulder “with push-ups” and heard a “small click during low crawl on [an] obstacle course.”  A 9 May 1988 endorsement to the EPSBD action indicates that a review of the applicant’s condition was accomplished by a medical doctor and that “in view of no specific medical evidence being submitted by [the applicant] the findings shown on the DA Form 4707 (EPSBD Proceedings), dated 22 Mar 88, are appropriate, and no change is required.”

On 17 May 1988 the applicant was released from active duty for failing to meet procurement medical standards.
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 diagnosed 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.

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 that requirement.

2.  There is no evidence, and the applicant has not presented any, that his shoulder condition was incurred during or aggravated by his military service.  The applicant admitted that he had injured his right shoulder on several occasions prior to coming on active duty.  

3.  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

___mdm__  __js____  ___kah__  DENY APPLICATION

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

INDEX

CASE ID	AR2000040453	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
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.