MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 September 2000                  
	DOCKET NUMBER:   AR2000041083

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo 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:  Reconsideration of his earlier appeal to correct his records by granting him physical disability separation from the Army Reserve. 

APPLICANT STATES:  In effect,  that he should have been separated for physical disability because he injured a knee and an upper arm while on Reserve duty.  He submits copies of medical record documents to substantiate his case.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on  2 March 2000 (COPY ATTACHED).

The previous review was conducted with no medical records available.  Therefore the applicant’s submissions constitute new evidence that requires Board consideration.

The documents submitted consist of the following: A 25 August 1997 record indicating that he could not tolerate Motrin and was to continue to treat the affected area with ice.  A 29 August 1997 line of duty determination (DA Form 2173) states the applicant complained of knee pain while training.  A 
3 September 1997 memorandum for the Commander of Walter Reed Army Medical Center requesting follow-up care.  A 28 October 1997 report of a consultation sheet indicating that he was still experiencing soreness and that if he was not better in 1 month he would be referred for an “MRI”.  A 7 February 1998 sick slip states the applicant incurred a knot in left arm while lifting some canvas.  He was to avoid heavy lifting.  A 6 February 1998 memorandum from the applicant’s commander stating that he was present for first formation at 0730 hours.  A 7 February 1998 chronological record shows the applicant received medical attention for right bicep tenderness.

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 medical records are noted, but the mere existence of an injury or a medical condition does not necessarily indicate that an individual was physically disabled.  There is no available evidence that the applicant was permanently unfit to perform duty.

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__CMF__  __FE ___  __CJS___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041083	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.