MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  27 February 2001
	DOCKET NUMBER:  AR2000047267

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 uncharacterized discharge be upgraded to general or honorable.

APPLICANT STATES:  In effect, that his uncharacterized discharge should be upgraded to general or honorable due to his service connected disability from the Department of Veterans Affairs (DVA).  He also states that he would like for this information to be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  In support of his application he submits a copy of his DD Form 214 and a copy of his VA claim, dated 26 August 1997. 

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 9 November 1993 as a light weapons infantryman.

On 13 December 1993, the applicant’s case was considered by an Entrance Physical Standards Board (EPSBD).  The EPSBD diagnosed the applicant as having a right patellofemoral syndrome.  The ESPBD recommended that the applicant be separated and indicated that the applicant did not meet medical fitness standards for enlistment under the provisions of Army Regulation 40-501, chapter 2, paragraph 2-10d (2).  The EPSBD stated that the applicant’s condition existed prior to service (EPTS) and was not service aggravated.  The EPSBD also indicated that the applicant did meet retention standards under the provisions of Army Regulation 40-501, chapter 3.  The EPSBD recommended that the applicant be separated from the service under the provisions of Army Regulations 635-200, paragraph 5-11.  The EPSBD further indicated that the applicant had a permanent L3 profile with no running, marching over one mile, or carrying a rucksack.

On 15 December 1993, the findings by the EPSBD were approved and forwarded to competent medical authorities.

On 20 December 1993, the applicant concurred with the findings and recommendations of the EPSBD and requested to be discharged.

On 20 December 1993, competent medical authorities recommended that the applicant be separated.  On 18 January 1994, the applicant was separated with an uncharacterized discharge under the provisions of Army Regulation 
635-200, chapter 5-11, for failure to meet procurement medical fitness standards.
He was furnished an Uncharacterized Discharge Certificate.  He had a total of
2 months and 10 days of creditable service.

The applicant filed a claim with the DVA for a service connected disability for his right patellofemoral syndrome.  He was granted 10 percent disability for his right patellofemoral on 26 August 1997.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at the time, and the medical condition does not disqualify the soldier from retention in the service under the provision of Army Regulation 40-501, chapter 3.  The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status.  Army Regulation 635-200 states that a soldier is in an entry-level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

Army Regulation 40-501 governs medical fitness standards for induction, enlistment, appointment, retention, separation, retirement, officer procurement programs and related policies and procedures.  Chapter 2 implements physical standards for enlistment, appointment, and induction.  This chapter also ensures that individuals medically qualified are:  1) free of contagious or infectious diseases which would be likely to endanger the health of other personnel; 
2) Free of medical conditions or physical defects which would require excessive time lost from duty or would likely result in separation from the service for medical unfitness; 3) Medically capable of satisfactorily completing required training; 4) Medically adaptable to the military environment without the necessity of geographical area limitations; and 5) Medically capable of performing duties without aggravation of existing physical defects or medical conditions.
Paragraph 2-10d(2) pertains to diseases or deformities of the hip, knee, or ankle joint that interfere with walking, running, or weight bearing.

Army Regulation 40-501, at chapter 3, provides standards for medical retention.  Basically, members with conditions as severe as listed in this chapter are considered medically unfit for retention on active duty.

Army Regulation 635-40, chapter 5, provides, in pertinent part, that if a soldier is processed for failure to meet procurement medical fitness standards within the first six months of entry on active duty and the condition existed prior to the term of service, then the soldier will be discharged in an entry level status with uncharacterized service.

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 notes the applicant’s contention that his uncharacterized 
discharge should be upgraded to general or honorable due to his service connected disability from the VA, and that this information should be reflected 
on his DD Form 214.  

2.  The Board also notes that the applicant was separated with an uncharacterized discharge for failure to meet procurement medical fitness standards.  The Board further notes that the applicant applied to the DVA 
after his discharge for a service connected disability for his right patellofemoral syndrome and was granted a 10 percent rating for his condition.  

3.  The evidence of record shows that the DD Form 214 issued to the applicant at the time of his separation was prepared with no procedural errors and is correct as currently constituted.  Therefore, there is no basis to correct the applicant’s DD Form 214 to reflect a characterization of service.

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

5.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

6.  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.

7.  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

__js___  __ra____  __mm______  DENY APPLICATION

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

					

INDEX

CASE ID	AR2000047267	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
TYPE OF DISCHARGE	UNCHARACTERIZE	
DATE OF DISCHARGE	19940118	
DISCHARGE AUTHORITY	AR 635-200,  5-11	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.