MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           23 SEPTEMBER 2003                   
	DOCKET NUMBER:   AR2003087878

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann, 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:  Disability separation or retirement.  

APPLICANT STATES:  In effect, that he continues to have the same problem with his toes that he had while in the military, and states that the discomfort has become worse.  He notes that his foot condition is resulting in medical bills that he cannot afford to pay.  In support of his request he submits copies of his 1975 medical treatment form reflecting treatment for a foot condition while in the military and copies of recent prescriptions for a cream he applies to his feet.

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

He enlisted and entered active duty on 21 August 1975 and was assigned to Fort Jackson, South Carolina to undergo basic combat training.

The medical statements, submitted by the applicant in support of his request, note that he was seen by medical officials on 10 and 29 September 1975 with a complaint of scaly areas and cracks between his toes.  The evaluating physician indicated that the applicant may have had a fungal growth and prescribed a medication cream and to wear white socks.

On 20 October 1975 the applicant's unit commander notified the applicant that he was initiating action to administratively separate the applicant from active duty under the provisions of an Army program which permitted the separation of soldiers within 180 days of active duty.  The commander cited an August 1973 Department of the Army Message, subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days, commonly referred to as the Trainee Discharge Program.  The commander cited the applicant’s negative and unproductive attitude, his hostility towards authority, and his failure to follow instructions.  A counseling statement, contained in the applicant's file, indicates that he was recycled from one training company to another after missing five days of training for lack of motivation.  There is no evidence in the applicant's separation action that indicates the applicant was having any medical problems, which precluded completion of training.

On 30 October 1975 the applicant was honorably discharged.  He had 2 months and 10 days of creditable service.

The Trainee Discharge Program provided for the administrative separation of individuals who had demonstrated during the first 180 days of training that they lacked the necessary motivation, discipline, ability or aptitude to become effective soldiers.  This program, known as the Trainee Discharge Program, mandated the award of an honorable discharge.

Army Regulation 635-40 states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.  

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.  Although the applicant may have received medical treatment for a foot condition while in the Army, and for which he continued to receive treatment after his separation from active duty, there is no evidence that the condition was so disabling in 1975 when he was undergoing training that it warranted referral for physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

2.  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.

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

__JLP  __  __AAO __  __PHM__  DENY APPLICATION

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

INDEX

CASE ID	AR2003087878	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030923	
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.	108.00	
2.		
3.		
4.		
5.		
6.