MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 February 2001
	DOCKET NUMBER:   AR2000047989

	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. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman		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 effective date and narrative reason for separation on his DD Form 214 (Report of Separation From Active Duty) be corrected.

APPLICANT STATES:  In effect, that he enlisted in the Army on 29 June 1974 and was given a full “Medical under Honorable” discharge on 21 August 1975.  He contends that recently he applied for VA benefits because he is dying of Hepatitis C and liver disease and was informed by the VA that he was not medically discharged in August 1975, but honorably discharged in August 1974.  He contends that apparently there has been a typing error and that his discharge was changed from a “Medical under Honorable” to just a simple discharge.  In support of his application, he submits three letters from Members of Congress; VA documentation dated 26 December 1997 and 8 September 2000; a letter to a Member of Congress dated 26 August 2000 and an excerpt of a document titled “Hepatitis Central”.    

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

At age 17, with parental consent, the applicant enlisted on 29 June 1974 for a period of 3 years.  

On 29 July 1974 the applicant was notified that based on preliminary findings he did not meet the medical standards for procurement when he was accepted for enlistment.  He acknowledged that he may accept separation from the service for the convenience of the Government or may elect to stay on active duty and complete the full term of active service for which he was enlisted or inducted.  He acknowledged that his medical condition existed prior to his entry on active duty and was neither incident to nor aggravated by his military service.  The applicant further acknowledged that if the approved findings of a Medical Board agree with the preliminary findings concerning his medical unfitness, then his separation, if elected, will be without entitlement to disability benefits from the Department of the Army.  He understood that this separation does not preclude his applying for benefits from the VA.  

After acknowledging his rights, the applicant requested separation under the provisions of Army Regulation 635-200, chapter 5, by reason of failure to meet procurement medical fitness standards - no disability.

DA Form 8-118 (Medical Board Proceedings), dated 29 July 1974, shows the applicant was found medically unfit for further military service in accordance with current medical standards and that the medical condition existed prior to service. The Medical Board proceedings recommended that the applicant be separated under the provisions of Army Regulation 635-200, chapter 5.  The approving authority approved the findings and recommendations of the Medical Board proceedings on 1 August 1974.  The applicant concurred with the approved findings and recommendations of the Medical Board proceedings on 6 August 1974. 

Accordingly, the applicant was honorably discharged on 21 August 1974 under the provisions of Army Regulation 635-200, chapter 5, by reason of failure to meet procurement medical fitness standards - no disability. 

Army Regulation 635-200, chapter 5, in effect at the time, set forth the conditions under which enlisted personnel may be discharged, released from active duty or active duty for training, or released from military control, for the convenience of the Government with issuance of an honorable or general discharge.  This chapter, in pertinent part, provides that members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be discharged when medical proceedings, regardless of the date completed, established that a medical condition was identified by appropriate military medical authority within 4 months of the member’s initial entrance on active duty.  
  
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’s contention that he was given a full “Medical under Honorable” discharge on 21 August 1975 is not supported by the evidence of record. Evidence of record shows that the applicant was honorably discharged on
21 August 1974 under the provisions of Army Regulation 635-200, chapter 5, by reason of failure to meet procurement medical fitness standards - no disability.  Therefore, there is no basis to change the effective date or narrative reason for separation on the applicant’s discharge document. 

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 were appropriate considering all 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

JHL_____  GDP____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047989	
SUFFIX		
RECON		
DATE BOARDED	20010208	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19740821	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Failure to meet procurement medical fitness standards – no disability	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.