MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            3 February 1999
	DOCKET NUMBER:   AC98-12525
                                              AR1999015188

	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. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		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 show that he was honorably separated by reason of physical disability (medical reasons).

APPLICANT STATES:  In effect, that he was unjustly released from the service with an uncharacterized discharge and that the evidence of record will show that he entered the service with scars on both ear drums due to ear tubes from childhood and was accepted for enlistment.  He goes on to state that his hearing problems were aggravated by his service and he should have been separated for medical reasons instead of with an uncharacterized separation.

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

The applicant enlisted on 8 January 1986 for a period of 3 years and training as a cargo specialist.  At the time of his enlistment a physical examination indicated that he had scars on his left and right eardrums.

He was transferred to Fort Jackson, South Carolina to attend basic training and for reasons not explained in the available records, was referred to medical personnel for an evaluation of his hearing. 

On 23 January 1986 the applicant’s long history of chronic ear disease was evaluated by an Entrance Physical Standards Board (EPSB).  The board found that the applicant had right chronic otitis media and central tempanic membrane perforation and very atelectatic membrane, left ear, as well as a bilateral mixed hearing loss.  The board recommended that he be separated because he did not meet medical standards for enlistment.  The board also determined that his condition existed prior to entry into the service (EPTS) and that it was not aggravated by his service.

The findings of the board were approved by the appropriate authority and the applicant was notified of the findings and his rights in the matter.  He was informed that he could request to be discharged from the Army without delay or he could request to be retained on active duty.  The applicant concurred with the findings and requested to be discharged without delay.  His request was approved by the appropriate authority on 24 January 1986.

Accordingly, he was discharged under entry level status on 31 January 1986 under the provisions of Army Regulation 635-200, paragraph 5-11 for failure to meet procurement medical fitness standards – No disability.  He had served 23 days of total active service. 

Army Regulation 635-200, paragraph 5-11, serves as the authority for separation of personnel who did not meet procurement medical fitness standards when accepted for initial enlistment.  It states, in pertinent part, that medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authorities within 4 months of the member’s initial entrance on active duty which would have permanently disqualified him or her for entry into the military had it been detected at the time.  A determination of whether the illness or injury was aggravated during active duty must be made by the medical evaluation board based on the facts and circumstances of the case at the time. 

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 properly evaluated by medical personnel and an EPSBD to determine if he should be separated from the service based on a medical condition that existed prior to his entry into the service.  Likewise, he was afforded the opportunity to refute the findings of the board, to request retention on active duty, or to request immediate separation from the service.  The applicant concurred with the findings and elected immediate separation.

2.  The applicant opted to request immediate separation and was separated from the service under the applicable regulations with no indication of any violations of his rights.

3.  The applicant’s contention that he should have been separated by reason of medical disability that was aggravated through service appears to be without merit.  An EPSBD determined that his condition was not aggravated by service and the applicant was afforded an opportunity to dispute those findings and chose not to do so.

4.  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.

5.  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

__sac ___  __mdm__  __fkm___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12525/AR1999015188	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/03	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	1986/01/31	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	CH5	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A31.00		
2.  110.00		
3.  145.00		
4.		
5.		
6.