MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           4 May 2000                  
DOCKET NUMBER:   AR1999029832

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter 		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 application to correct his records by granting him physical disability with severance pay.

APPLICANT STATES:  In effect, that although the Physical Evaluation Board (PEB) indicated that he was fit for duty, that the MEPS personnel indicated that he was not fit for reenlistment due to the hardware in his leg.  He states that the MEPS personnel did not retain any of the information that showed that he had reported for examination in 1992.  He requests that the 1997 MEPS rejection notice be again reviewed to show that 5-years later he was still not medically fit for reenlistment.  He further avers that his legal counsel failed to adequately present his medical condition to the PEB.

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 3 June 1999 (COPY ATTACHED).

The applicant submits a copy of his election to return to active duty, dated 23 November 1992, a copy of his VA disability award and x-rays of his leg showing retained metal plates and screws.  

These documents were not available to the Board previously and constitute new evidence that requires Board review.

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 fact that the applicant did not meet the procurement standards five years after his removal from the TDRL does not demonstrate that he was unfit at the time of his removal from the TDRL. 

2.  While the applicant submits a copy of his election to reenlist, there is no evidence that he attempted to actually do so and was rejected within the required 90-day time limit. 

3.  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.

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

__LLS __  ___JPS _  ___CJS __  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029832	
SUFFIX		
RECON	 	
DATE BOARDED	20000504	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.