MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           07 MARCH 2002
	DOCKET NUMBER:   AR2001059861

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 her uncharacterized discharge be changed to honorable.

APPLICANT STATES:  She states that she was discharged because of a medical condition incurred in the line of duty.  Her separation code, JFL, however is incorrect, reflecting that she failed to meet entrance physical requirements.  This code is not correct.  She states that while attempting to obtain housing through HUD (Department of Housing and Urban Development) she was told that she did not qualify for a veteran’s preference due to her uncharacterized discharge. 

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

The applicant enlisted in the Army for four years on 27 August 1992 and was assigned to Fort Jackson, South Carolina for training.  A 16 September 1992 medical record indicates that the applicant had a swollen ankle and it was difficult for her to walk.  That record shows that she had sharp pains when pressure was put on her ankle, which was previously broken.  It indicated that she dropped a full canteen of water on her little toe, which was throbbing.  

A 14 October 1992 medical evaluation board (MEB) narrative summary shows that she was assigned to the Medical Holding Detachment at Moncrief Army Community Hospital on 29 September 1992 because of bilateral foot pain.  That summary indicated that she had been followed in the podiatry clinic since her entry into basic training in early September, that she had been treated with various modes of therapy including immobilization in plaster, anti-inflammatory medications, heel pads, crutches, and gel boots, without significant improvement in symptoms.  The MEB diagnosed her condition as stress fracture, right talus, and stress reaction, both heels, and recommended that she be referred to a physical evaluation board (PEB).

On 22 October 1992 a PEB determined that the applicant was physically unfit  and recommended a disability rating of 10 percent, and separation with severance pay if otherwise qualified.  The applicant concurred.  The PEB findings and recommendations were approved on 28 October 1992.   

On 4 November 1992 the Total Army Personnel Command (PERSCOM) directed that the applicant be discharged not later than 23 November 1992 with a disability rating of 10 percent.  That command indicated that because she had less than 6 months’ service, she could not receive severance pay, but she could apply to the VA for disability compensation.

On 5 December 2001 the Army Discharge Review Board in an unanimous opinion, denied the applicant’s request to change her discharge.

The applicant was discharged on 23 November 1992 under the provisions of Army Regulation 635-40, paragraph 4-24e(3).  Her character of service and separation code were “uncharacterized” and “JFL”, respectively.  She had           2 months and 27 days of service.

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  Paragraph 4-24 provides the authority for PERSCOM to separate soldiers for physical disability with severance pay.  

Appendix E, paragraph E-12 of the above regulation states that the service of enlisted soldiers discharged by reason of physical disability normally will be characterized as honorable, or described as uncharacterized for those in entry level status.

Army Regulation 635-200 provides for the discharge of enlisted soldiers.  Paragraph 3-4 states in effect that the service of a soldier who is discharged while in an entry level status will be uncharacterized.  Entry level status is defined as the first 180 days of continuous active duty.   

Army Regulation 635-5-1 gives instructions on the use of separation program designator (SPD) codes, and the authorities and reasons therefore.  The separation code for soldiers who are discharged because of physical disability with severance pay under the provisions of Army Regulation 635-40, paragraph 4-24e(3) is listed as “JFL.” 

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 characterization of the applicant’s discharge as “Uncharacterized” is correct, as is her separation code of “JFL.”  She had less that 180 days of service and she was discharged because of physical disability with severance pay, warranting a separation code of “JFL.”  

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of her request.   

3.  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 that requirement.

4,  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__  __JPI ___  __RKS __  DENY APPLICATION

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

INDEX

CASE ID	AR2001059861	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020307	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	177	
3.		
4.		
5.		
6.