MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 September 2002                   
	DOCKET NUMBER:   AR2002072665

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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).

APPLICANT STATES:  In effect, he broke his ankle before enlisting in the Army, but was permitted to enlist.  In basic training, his company commander referred him to medical authorities for evaluation and he was declared unfit.  He was separated after 1 month.  He feels that he should not have been separated as the Army knew about his condition when he enlisted.  He believes he should be given an HD.

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

He broke his right ankle on 12 November 1993.  The injury required medical treatment by open reduction with internal fixation.  On/about 23 March 1994, the hardware (metal plate and screws) were removed from his ankle and he was returned to full activity in May 1994.

The applicant entered the Army's Delayed Enlistment Program (DEP) on 22 June 1993 with a projected enlistment date in the Regular Army (RA) of 14 June 1994. Prior to entering the DEP, he received an entrance physical examination on 17 June 1993 and was found qualified for enlistment.  Subsequent to his ankle injury and prior to entering the RA, he was given an orthopedic consultation for his ankle on 10 June 1994 which reaffirmed his qualification for enlistment.

The applicant entered on active duty on 16 June 1994.  He was sent to Fort Benning, Georgia, for basic training.  While there, he had difficulty with certain physical activities and was referred for medical evaluation.

The applicant was evaluated by medical personnel and referred to the Entrance Physical Standards Board (EPSBD).  On 15 July 1994, the EPSBD found the applicant medically unfit for enlistment because of a condition that existed prior to his service (EPTS).  The EPSBD recommended that the applicant be separated and the applicant concurred.

On 4 August 1994, the applicant was separated with an uncharacterized discharge under the provisions of paragraph 5-11, Army Regulation 635-200, by reason of failure to meet procurement medical fitness standards without disability.  He had 1 month and 19 days of creditable active Federal service.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 29 April 2002, denied his request.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that soldiers who were not medically qualified under existing procurement medical fitness standards when accepted for enlistment, or who became medically disqualified prior to entry on active duty, will be separated.  The characterization of service for soldiers separated under this provision of the regulation will normally be honorable unless the soldier is in an entry-level status (under 180 days of service prior to initiation of separation action).  Entry-level soldiers will receive an uncharacterized separation.

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.  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.  It is not unusual that, upon enlistment, a soldier will be found medically qualified for service, only to be found disqualified after the rigors of basic training reveal an unfitting condition.

3.  There is no error or injustice here.  The applicant’s discharge proceedings were conducted in accordance with law and regulations and his uncharacterized separation is in accordance with his status as an entry-level soldier.

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

__fne___  __bje___  __wdb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072665	
SUFFIX		
RECON		
DATE BOARDED	20020910	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19940804	
DISCHARGE AUTHORITY	AR 635-200 5-11  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.