MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             15 March 2001                 
	DOCKET NUMBER:    AR2000045945

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. O’Shaughnessy		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, that his uncharacterized entry level separation be changed to an honorable discharge due to physical disability.

APPLICANT STATES:  There was an error in his discharge because he was separated for medical reasons which occurred while he was on active duty. 

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

On 24 August 1994, he enlisted in the Regular Army for a period of 3 years.

An entrance physical standards board conducted on 14 November 1994, noted that the applicant was seen by medical personnel in the 2nd week of advanced individual training for painful flatfeet.  The board concluded that the service member was medically unfit for enlistment in accordance with current medical fitness standards, and that his condition (flatfeet) existed prior to his entry on active duty.  The board further recommended that he be separated from military service under the provisions of Army Regulation 635-200, paragraph 5-11.  The applicant concurred with the findings and requested to be discharged from the U.S. Army without delay.  

On 16 December 1994 the applicant was released from active duty with an uncharacterized discharge under the provisions of Army Regulation 635-200, chapter   5-11, for failing to meet procurement medical fitness standards.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicated he had 3 months and 13 days of creditable service.

Army Regulation 635-40, chapter 3, provides that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered military service.

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.

Army Regulation 635-200, sets forth the basic authority for separation of enlisted personnel from active duty.  Paragraph 5-11 provides for early separation of those individuals who were not qualified under procurement medical standards, who manifested symptoms of medical problems that would have made then not qualified under procurement medical standards or who became not qualified prior to entry.  Although a soldier in such circumstances has a right to request retention, an individual has no right to be retained.  The retention or separation  decision is within the cognizance of the appropriate discharge authority.  Except in certain extraordinary cases, uncharacterized entry level separation is mandatory for all individuals who are in an entry level status at the time separation processing is commenced

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 show that there was an error or injustice in his case. 

2.  The evidence show that the applicant was diagnosed, within two weeks of the start of his advanced individual training, with a condition which, had it manifested itself prior to his enlistment would have precluded his enlistment.  The fact that the rigors of military service resulted in the manifestation of his flatfeet condition is not evidence that the condition was incurred, or aggravated by such service and as such was not a basis for disability separation.  

3.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. 

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

__emw___  ___rtd__  ___teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045945	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000315	
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.