MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2000                   
	DOCKET NUMBER:   AR1999033995

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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.

APPLICANT STATES:  That since the VA determined his disability to be service connected, he believes his uncharacterized discharge for a disability found to have existed prior to entry in service (EPTS) should be changed to honorable.  He provides his DD Form 214, Report of Separation and his VA rating decision as evidence.

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

He enlisted in the Regular Army on 24 March 1997.  He completed basic training but while in advanced individual training he could not pass the Army Physical Fitness Test because of pain in his right elbow.  He had had a history of a supracondylar fracture of his right elbow at age 15.  On 24 July 1997, a medical evaluation board found him unfit for duty due to right elbow pain with deformity, status post supracondylar fracture of the right elbow, EPTS and recommended his separation under the provisions of Army Regulation 635-40, chapter 5.  The applicant waived his right to a physical evaluation board (PEB) and requested discharge for physical disability.   On 5 August 1997, he was discharged under the provisions of Army Regulation 635-40, chapter 5 – Disability, existed prior to service, medical board.  He had completed 4 months and 12 days of creditable active service and had no lost time.

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  Chapter 5 provides for the separation of an enlisted soldier for non-service aggravated EPTS conditions when the soldier requests waiver of PEB evaluation.  Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status.  (For Regular Army soldiers, entry level status is the first 180 days of continuous active duty.)

Title 38, U. S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. 

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 the aforementioned requirement.

2.  The rating action by the VA does not necessarily demonstrate an error or injustice on the part of the Army.  The VA, operating under its own policies and regulation, determines service connection and assigns disability ratings as it sees fit.  Any rating action by the VA does not compel the Army to adjust its discharge decision accordingly.

3.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.  An uncharacterized discharge merely means that a soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 

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

__rgh___  __bje___  __jps___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033995	
SUFFIX		
RECON		
DATE BOARDED	20000412	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.