MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  13 June 2000
	DOCKET NUMBER:   AR1999033033

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John H. Kern		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:  In effect, that his discharge be changed to retirement or separation by reason of physical disability.

APPLICANT STATES:  That he failed to meet established physical standards is untrue.  He went to a special training camp which should have prepared him to be established physically per standards.  They did not file an incident report of mental, emotional, and threatened physical abuse.  He should have been discharged with honorable, service connected, because of the reported incident involving the meat cleaver.  After the incident, he wasn’t psychologically capable of performing any task.  He was traumatized.

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

That he enlisted in Chicago in the Regular Army on 12 February 1976 for a three year term of service for the MOS 57F20, Memorial Activities Specialist.  On 
13 February 1976, he was transported to the Fort Knox Reception Station.  He began Basic Combat Training (BCT) at Fort Knox on 3 March 1976.

A Clinical Record, dated 24 March 1976, states that the applicant has bleeding hemorrhoids; that he was treated with suppositories for the same condition at the surgery clinic 2 weeks previously; and that he also has a history of bleeding ulcers for the prior 8 to 9 months.  The applicant was given a full physical on 
26 March 1976 and found not qualified for induction due to the bleeding hemorrhoids.  The applicant was recommended for a medical board.  The medical board found the applicant medically unfit for enlistment due to recurrent bleeding hemorrhoids which were determined to have Existed Prior to Service (EPTS) and not incurred in the line of duty.  The medical board recommended separation in accordance with AR 635-200, paragraph 5-9, discharge of personnel who did not meet procurement standards; and AR 40-501, chapter 2, paragraph 2-3(f)(1), medical conditions which cause rejection for enlistment and induction.

The applicant was given the options to complete the period of service for which he was originally enlisted, or to apply for separation from the military service by reason of having been erroneously enlisted due to not being medically fit for enlistment.  The applicant signed a form entitled, Application for Separation from Service by Reason of Erroneous Enlistment or Induction, on which he requested separation and checked that he had been counseled concerning his rights.  His request was approved by the discharge authority on 12 April 1976 and he was honorably discharged on 16 April 1976 with 2 months and 5 days active service.  The reason for discharge was intentionally left blank on his discharge form as a benefit to the applicant.

According to AR 635-200, paragraph 5-9, individuals who have a medical condition that would have permanently disqualified them for enlistment or induction will be discharged.  A medical board must find that such condition was identified within the first 4 months of the initial entrance on active duty.

There is no documentation in the available records to support his assertion that he was traumatized or threatened during his 2 months of Army 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.  The applicant was found to be medically unfit for enlistment into the Army due to EPTS recurrent bleeding hemorrhoids.  He was given the option to complete his enlistment or request separation by reason of erroneous enlistment.  The applicant requested separation which was granted.  No error or injustice is found in these proceedings or the discharge.

2  The issue that the applicant raises of psychological and emotional trauma related to a meat cleaver incident is not supported by any evidence of record or provided by the applicant, nor is it relevant to the applicant’s discharge.

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

__EB___  __BE____  ___JK___  DENY APPLICATION

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

INDEX

CASE ID	AR1999033033	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
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.		
2.		
3.		
4.		
5.		
6.