MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 March 2001
	DOCKET NUMBER:   AR2000049930

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 the undesirable discharge (UD) received by the former service member (FSM) be upgraded to an under honorable conditions discharge. 

APPLICANT STATES:  In effect, that she believes the FSM should have received a medical discharge based on his heart condition. 

EVIDENCE OF RECORD:  The FSM’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost in that fire.  

However, the available evidence does include a National Archives (NA) Form 13038 (United States of America Certification of Military Service), which confirms that the FSM entered active duty on 12 October 1951 and was separated with an UD on 31 March 1954.  In addition, there are medical documents on file that address the FSM’s medical condition at the time of his discharge.  

A Standard Form (SF) 513 (Consultation Sheet), dated 6 January 1954, confirms a medical evaluation of the FSM’s heart and blood pressure conditions was conducted in connection with his separation processing and both areas were determined to be normal.  In addition, the examination found no new evidence of organic disease that would have prevented the FSM being processed for separation under the provisions of Army Regulation 615-368. 

On 21 January 1954, a psychiatric report was completed that indicated the FSM had just undergone his third court-martial, had accrued over 100 days of time lost, and that all rehabilitation attempts for the 10 months he had been in his present unit had been unproductive.  The attending psychiatrist indicated that the FSM was basically an antisocial personality.  He also commented that based on the FSM having been medically evacuated from Korea in 1953 for high blood pressure and a heart murmur, he requested a repeat medical examination, which was conducted in January 1954.  The purpose of this medical evaluation was to determine if there were any medical reasons why the FSM should not be processed for an administrative separation and the results revealed the FSM had a normal heart and normal blood pressure.

A SF 88 (Report of Medical Examination), dated 25 March 1954, confirms that the applicant underwent a complete separation physical examination, which resulted in his being assigned an physical profile of 111111 and a physical category of A, with a finding of no defects or diagnosis.  In addition, this form verifies that the results of the examination found the FSM medically fit for retention/separation and resulted in his being cleared for separation by competent medical authority. 

Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  It provided, in pertinent part, that members with habits or traits manifested by antisocial trends and misconduct subject to separation for unfitness.  An undesirable discharge was normally considered appropriate.

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 noted the contentions of the applicant that the FSM should have received a medical discharge based on his heart condition. However, the available evidence does not support this claim.

2.  A consultation medical examination was conducted during separation processing to specifically evaluate the FSM’s blood pressure and heart condition. Its findings revealed both these areas were normal and no heart disease was present.  Further, a separation physical examination on file verifies the FSM was given an A physical category ranking and cleared for retention/separation by competent medical authority, with no medical defects noted just prior to his discharge. 

3.  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

__jhk____  ___rtd __  ___clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049930	
SUFFIX		
RECON		
DATE BOARDED	2001/03/01	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	1954/03/31	
DISCHARGE AUTHORITY	AR 615-368	
DISCHARGE REASON	Unfitness	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.