MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 January 2001                  
	DOCKET NUMBER:   AR2000047109

	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	
	Mr. Lestor Echols 		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:  That his honorable discharge be changed to a medical discharge.

APPLICANT STATES:  In effect, that he should have been given a medical discharge.  He contends that his records are self explanatory, that he served honorably for three years, one year in Vietnam and his request is meritorious.  In support of his application, he submits a letter of explanation; Standard Form
88 (Report of Medical Examination) dated 3 July 1968; Standard Form 88 dated 
3 March 1971; a letter, dated 24 July 1972, from the Office of Personnel Operations, U.S. Army Enlistment Eligibility Activity; a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge); a DD Form 214 (Report of Transfer or Discharge); a Honorable Discharge Certificate from the USAR effective 1 July 1974; DA Form 3349 (Medical Condition – Physical Profile Record) dated 13 January 1971; medical records; DA Form 1577 (Authorization for Issuance of Awards) dated
26 November 1984; a certificate of appreciation and achievement; a diploma for completion of the U.S. Army Southeastern Signal School; and VA documentation dated April 1997.    

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

The applicant enlisted on 17 July 1968 for a period of 3 years.  He trained as a service school communications center specialist and canvas repairman and served in Vietnam and Germany. 

On 23 December 1970 the applicant was diagnosed with Grand Mal Seizure and was issued a temporary 3 Physical Profile under physical capacity or stamina.  

DA Form 3349 (Medical Condition – Physical Profile Record), dated 13 January 1971, shows the applicant was considered by a board of medical officers.  The three medical officers determined the applicant was medically qualified for duty with permanent duty limitations and the applicant was issued a permanent
3 Physical Profile under physical capacity or stamina.  The findings and recommendations were approved by the proper approval authority on 15 January 1971.

On 3 March 1971 the applicant underwent a separation medical examination and was found qualified for separation with a physical profile of 311121.  Item 
74 (Summary of Defects and Diagnoses) states “Seizure – Disorder, grand M21 type idiopathic well controlled on Dilantin 100 Mg Tid L.O.D. yes E.P.T.S. No Patient advised of V.A. rights See accompanying No# 60.  Refractive Error 3800.” 

The applicant was honorably released on 16 July 1971 for expiration of term of service and transferred to the USAR.  On 1 July 1974 he was honorably discharged from the USAR.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The regulation, in effect at the time, provided in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training.  A soldier separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry level status and service is uncharacterized.

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.  Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  The individual should receive assignments commensurate with his or her functional capacity.  

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 Board considered the applicant’s contention that he should have been given a medical discharge.  However, evidence of record shows that a board of medical officers found the applicant medically qualified for duty with permanent limitations on 13 January 1971 and the findings and recommendations of these medical officers were approved by a senior medical officer on 15 January 1971.   Also, at the time of the applicant’s separation medical examination, competent medical authority determined that the applicant was then medically qualified for separation with a physical profile of 311121.  Accordingly, the applicant was separated from active duty at his expiration of term of service, not as the result of a medical condition. 

2.  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.

3.  The type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.

4.  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.

5.  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

JH_____  LE______  KAH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047109	
SUFFIX		
RECON		
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710716	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.0000	
2.		
3.		
4.		
5.		
6.