MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001                   
	DOCKET NUMBER:   AR2000042861

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Shirley Powell 		Member	
	Mr. Harry B. Oberg  		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 final active duty Officer Evaluation Report (OER) be changed to reflect his recent diagnosis of Multiple Sclerosis.  He also requests that he be granted a waiver of the required completion date of the Officer’s Advanced Course for promotion to major.  

APPLICANT STATES:  In effect, that 19 years ago while attending the Officer’s Advanced Course on active duty, he was stricken with Multiple Sclerosis.  He contends that the disease manifested itself with blurred vision and an inability to maintain his balance.  The only diagnosis made at that time was “motion sickness” and he was given pills for that which, of course, were totally ineffectual. He goes on to state that his commanding officer accused him of malingering and “milking the system”.  He was relieved from active duty and transferred to USAR. He also contends that prior to his relief from active duty, the disease went into remission and he was able to finish the Officer’s Advanced Course, though too late to be considered for promotion.  He claims that through no fault of his own, he could not complete the Officer’s Advanced Course, was humiliated and driven from the corps.  In the years following, there were repeated episodes with identical symptoms.  He was finally diagnosed with Multiple Sclerosis and told that he had had the disease for some time.  In support of his application, he submits a letter of explanation dated 16 May 2000 and a letter from his neurologist dated 5 May 2000.        

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

The applicant’s military records show that, after having had prior service in the Regular Army, the USAR and the National Guard, he received a direct commission to captain in the U.S. Army Reserve on 14 March 1978.  He was appointed to an Army Reserve Active Guard/Reserve (AGR) position on 10 July 1978.  

While serving as a captain in the AGR Program, the applicant requested voluntary release from active duty and removal from the AGR Program under the provisions of Chapter 3, Section XX, Army Regulation 635-100, for miscellaneous individual reasons.  The applicant requested that his release from active duty be effective 30 April 1983 or as soon as practicable thereafter.  His request was approved on 28 April 1983.

Accordingly, the applicant was honorably released from active duty on 5 May  1983 and transferred to the USAR Control Group (Reinforcement).  He had served 10 years, 9 months and 15 days of total active service and 5 years,
8 months and 20 days of total prior inactive service.  

The applicant’s Personnel Qualification Record, which is dated 7 April 1983, shows that the applicant’s physical profile was 111111.

Medical evidence of record shows that the applicant underwent a quadrennial examination on 26 August 1984 and was found qualified for retention with a physical profile of 111111.

It appears the applicant was placed on the Retired List effective 21 August 1988; however, the available records do not contain orders to effect this action.

The applicant provided a letter from his treating neurologist, dated 5 May 2000, for relapsing-remitting Multiple Sclerosis.  The neurologist states that the applicant was diagnosed in 1997, he describes the applicant’s current condition and also indicates that the applicant probably had early symptoms of Multiple Sclerosis in 1981.      

Army Regulation 635-100 provides the authority for the separation of commissioned and warrant officers from the Active Army.  Chapter 3 (Relief From Active Duty of Non-regular Officers and Warrant Officers), Section XX of this regulation, in effect at the time, specifically provided for voluntary release from active duty.

Army Regulation 40-501, chapter 7, physical profiling, provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.

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 on active duty in the AGR Program from 10 July 1978 to
5 May 1983.  Service medical records do not indicate any medical condition incurred while entitled to receive basic pay which was so severe as to render the applicant medically unfit for retention on active duty.  At the time of the applicant’s voluntary request for release from active duty and removal from the AGR Program, his Personnel Qualification Record shows that his physical profile was 111111.

2.  In 1984, during the applicant’s quadrennial examination for USAR duty, competent medical authority determined that the applicant was then medically fit for retention with a physical profile of 111111.

3.  The Board considered the applicant’s contentions regarding his medical condition which was diagnosed in 1997.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was suffering from or diagnosed with Multiple Sclerosis during his period of military service.

4.  The applicant has failed to show through the evidence submitted with his application or the evidence of record, that the actions taken in his case were in error or unjust.

5.  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.

6.  In view of the foregoing, there is no basis for granting the applicant's requests.

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

HJ______  SP______  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042861	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19830503	
DISCHARGE AUTHORITY	AR 635-100 Chapter 3 	
DISCHARGE REASON	Release from active duty	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.0100	
2.	100.0700	
3.		
4.		
5.		
6.