MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 March 2002                             
	DOCKET NUMBER:   AR2001066556

	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	
	Mrs. Judy Blanchard-Miller		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:  A medical retirement in lieu of his hardship discharge.

APPLICANT STATES:  In effect, that while participating in a physical training activity, while in advanced individual training (AIT) he sustained a right knee injury.  He further states that the officer in charge erroneously wrote that it was his left knee that was injured.  He believes that mistake has caused him the justification for a service-connected injury.    

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

On 29 January 1981, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 76Y10 (Unit Supply Specialist).  The highest grade he achieved was pay grade E-2.

On 14 April 1981, the applicant’s medical records indicated that while he was participating in a physical training program he received an injury to his left knee.  His knee was evaluated by the physical therapy clinic, Fort Jackson, South Carolina.  However, he was not treated because of his pending emergency leave.   

On 28, May 1981, the applicant was assigned to a unit in Germany.  On 
21 November 1981, the applicant’s military record shows that he requested and received a compassionate reassignment because of family problems. 

The applicant’s records indicate that on an unknown date the applicant requested a hardship discharge.  On 26 January 1982, the appropriate authority approved the applicant request for separation under the provisions of Army Regulation 635-200, chapter 6 (Hardship).  The applicant’s separation physical is missing from his file. 

On 2 February 1982, the applicant was honorably discharged in pay grade E-2 under provisions of Army Regulation 635-200, chapter 6 (Hardship).  He had completed 1 year and 3 days of creditable active service.  He was awarded the Army Service Ribbon, the Overseas Ribbon, the Expert Badge/ Hand Grenade, and the Sharpshooter Badge Rifle M16.

On 5 November 2001, the Veterans Administration examined the applicant.  It was determined that the applicant appeared to have a moderate disability in the right knee as a result of an injury.  The VA concluded that the current condition of his right knee was probably related to the injury sustained back in 1981, while he was in the Army.  However, there is evidence to show that the VA awarded him any service-connected disability compensation benefits. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship.  An application for such separation will be approved when a service member can substantiate that his situation or immediate family's situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that discharge will improve the situation.

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability; he must be unable to perform the duties of his office, grade, rank or rating.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations and 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's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 6 (hardship), was in accordance with applicable law and regulations and the applicant's service was appropriately characterized.

3.  The contentions of the applicant have been noted by this Board.  The evidence of record shows that the applicant’s left or right knee was injured during physical training.  He was not treated for the injury because of a pending emergency leave.  A month later, the applicant requested and received a compassionate reassignment and then later a hardship discharge.  This Board believes that the applicant did not have any medically unfitting disability at the time of discharge, which required physical disability processing.  Therefore, there is no basis for a physical disability retirement or separation.  The applicant has submitted no probative medical evidence to the contrary.

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	AR2002066556	
SUFFIX		
RECON		
DATE BOARDED	20020307	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19820202	
DISCHARGE AUTHORITY	AR635-200,chp6 .  .  .  .  .  	
DISCHARGE REASON	A35.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.0000	
2.		
3.		
4.		
5.		
6.