MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 July 2001
	DOCKET NUMBER:   AR2001051515

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. Hubert O. Fry, Jr.		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 changed to an honorable discharge (HD) by reason of physical disability.

APPLICANT STATES:  He enlisted with a clean medical record.  While in basic training, he developed abdominal pain on exertion.  Medical examination revealed a congenital left varicocele.  He was subsequently separated for failure to meet procurement medical standards and given an uncharacterized discharge. He provides no documentation with his application.

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

He enlisted in the Regular Army for 3 years and 15 weeks on 2 January 1990.  Following his enlistment, he was sent to Fort Leonard Wood, Missouri for basic training, reporting there on or about 2 January 1990.

While in basic training, the applicant experienced abdominal pain and was referred to the hospital for evaluation and treatment.  He was diagnosed with congenital left varicocele, a condition that existed prior to his service (EPTS) and was not discovered during the entrance physical examination process.  When therapy failed, he was recommended for separation under the provisions of paragraph 5-11, Army Regulation 635-200, for failure to meet procurement medical fitness standards.

The applicant was separated on 6 March 1990 with an uncharacterized discharge.  He had 2 months and 5 days of creditable service.

In the In the processing of this case, an advisory opinion was obtained from the Army review Boards Agency Medical Advisor.  The opinion states that the applicant’s condition was caused by a congenital varicose condition of the scrotum and was not detected at his entrance physical.  Nonetheless, the condition is disqualifying and the applicant was properly separated.  The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.

Army Regulation 635-200, Enlisted Personnel, sets policies, standards, and procedures for the orderly administrative separation of enlisted soldiers.  Paragraph 5-11 provides for the separation of enlisted personnel who did not meet procurement medical fitness standards upon enlistment.  An entry-level separation is directed (a soldier is in entry level status for the first 180 days of continuous active duty).  Such separations are termed "uncharacterized."

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, 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 submit evidence that would satisfy this requirement.

2.  The applicant had an EPTS medical condition that disqualified him from enlistment.  This condition was discovered during basic training while the applicant was in an entry-level status.  The applicant’s discharge proceedings were conducted in accordance with law and regulations, and the uncharacterized nature of his discharge is commensurate with his entry-level status.

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

_rvo ____  _____hof_  ___ena__  DENY APPLICATION

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

INDEX

CASE ID	AR2001051515	
SUFFIX		
RECON		
DATE BOARDED	20010726	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19900306	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	A28.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.