MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 August 2001                   
	DOCKET NUMBER:   AR2001058418

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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 discharge be changed to a medical discharge.

APPLICANT STATES:  That he was injured and hospitalized while on active duty.  He was told that he would be given a medical discharge.  He provides no supporting evidence.

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

He enlisted in the U. S. Army Reserve on 19 December 1977.  He entered active duty for training on 6 January 1978.

A counseling form that records observations and counseling of the applicant for the period 9 – 17 January 1978 is on file.  The form states that on 9 January 1978 the applicant complained about problems he was having at home.  He was given the chance to call home.  Verification through the Red Cross indicated that the problem was not as severe as he indicated.  He called his wife and yet he had informed three Reception Station sergeants that his wife was deaf and dumb.  All he wanted to do was call home every minute of the day and it appeared that he wanted to get out of any tasks assigned to him.  The form indicated that the applicant was interviewed by the commander on 17 January 1978.  He had mentioned to the commander that he tried to commit suicide before and would try again.  He was to be evaluated at the Mental Hygiene Clinic.

A Statement of Medical Examination and Duty Status, DA Form 2173, shows that the applicant slipped while descending a stairway and suffered a contusion to his back.  He was admitted to Ireland Army Hospital, Fort Knox, KY at 3:30 p.m.          18 January 1978 and examined at 3:30 p.m. 18 January 1978.  His service medical records are not available and there is no other evidence to show he was kept in the hospital.

On 24 January 1978, the applicant’s commander initiated action to separate him under the provisions of the Trainee Discharge Program (TDP).  The applicant acknowledged notification of the proposed separation action, did not desire counsel, did not desire a separation medical examination, and did not make a statement in his own behalf.  The results of the Mental Hygiene evaluation are not available.  In his endorsement, the battalion commander noted that the applicant had an emotional problem.  The applicant’s stomach was continually upset due to his nervous condition.  He was taking a great deal of medication to overcome his nervousness but was still not able to train without breaking down emotionally.  The recommendation was approved by the appropriate commander on 30 January 1978.

On 7 February 1978, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-39, TDP.  He had completed 1 month and 2 days of creditable active service and had no lost time.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.

Army Regulation 40-501 governs medical fitness standards for enlistment, retention, and separation.  In pertinent part, it states that transient, situational maladjustments due to acute or special stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty.

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 this requirement.

2.  There is no evidence of record to show that the applicant’s back contusion rendered him unfit for duty.  He was separated because he was emotionally unfit to continue training; however, his failure to adjust to a military environment did not render him unfit because of a physical disability.

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

__rvo___  __cjp___  __lds___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058418	
SUFFIX		
RECON		
DATE BOARDED	20010830	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.