MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 June 2002
	DOCKET NUMBER:   AR2002067137

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O’Shaughnessy, 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:  Reconsideration of his request to change his administrative separation to a disability separation.

APPLICANT STATES:  The applicant makes no additional statement, providing his original DD Form 149 as his request.  He has provided copies of his service medical records and his Department of Veterans Affairs (VA) rating decision as supporting evidence.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 28 August 2001 (docket number AR2001056146).

The applicant’s discharge packet is still not available.

A Chronological Record of Medical Care dated 25 February 1998 shows the applicant sought treatment for a complaint of shin splints for the past week and pain while walking and running.  He was diagnosed with a stress fracture.  He was instructed to walk with crutches only, no standing more than 15 minutes, and no standing without crutches.

An automated outpatient record dated 17 March 1998 shows that the applicant reported for medical treatment with a broken down cast due to his chain of command’s disregarding instructions in the care of his nonweight-bearing cast.  A short-leg nonweight bearing plaster cast was applied and he was given crutches.  

A Chronological Record of Medical Care dated 25 March 1998 shows the applicant was scheduled for removal of a cast, that he had no problem with his right shin, and there was no pain at that time to palpation of the tibia.

A VA rating decision dated 9 August 1999 awarded the applicant a 50 percent disability rating for sleep apnea syndrome, a 10 percent rating for low back pain, a zero percent rating for tonsillitis, a zero percent rating for stress fracture of the left tibia, and a zero percent rating for stress fracture of the right tibia.  

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 available medical records do not substantiate the applicant’s claim that a ¾ inch crack was discovered in his shins.  

2.  Without the discharge packet being available for review, it cannot be determined exactly why the applicant was recommended for separation.  

3.  There is no evidence to show the applicant was unable to perform his duties.  The available medical records do not show that he was ever given a permanent or temporary profile because of shin splints.   An inability to pass the Army Physical Fitness Test does not necessarily render an individual unable to perform his military duties.  In the absence of evidence to show that the applicant was unable to perform his military duties due to his shin splints, it appears that a disability separation is not an appropriate consideration.  

4.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

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

_SK___  ___JTM__  __TEO____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067137	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.