MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 January 2002                  
	DOCKET NUMBER:   AR2001062601

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Regan K. Smith		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 narrative reason for discharge be changed to show he was released from active duty due to physical disability. 

APPLICANT STATES:  In effect, that a foot problem interfered with his ability to serve.  He states that since his military occupational specialty (MOS) was undergoing a conversion because of manpower reductions, he was told it would be in his best interest to request a discharge.  He states that he was told if he did not request the voluntary discharge he would be given a “bad discharge.”

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

The records in the applicant’s Official Personnel Military File (OMPF) and Military Personnel Records Jacket (MPRJ) are limited and do not contain any medical records.

The applicant entered active duty on 28 November 1990.  He completed basic training and advanced individual training with an award of the MOS of 13N10 (Lance Missile Crewmember) and was assigned to Germany.  While serving in this MOS, he received notification that the MOS was being phased out and was notified of his options.  He elected the early separation option.  The documents completed with this election included a statement (which he initialed) that he would lose several benefits including entitlement to the Montgomery G. I. Bill education benefits.  

The applicant was released from active duty on 10 April 1992 with a reserve obligation termination date of 24 June 1998 and a reentry code of 2.  The narrative reason for his release is shown as, “Directed by the Secretary of the Army” with a separation code of MFF (voluntary discharge, reduction in forces). 

The applicant applied to the Army Discharge Review Board and was denied a change of his narrative reason for separation on 14 December 2001.

There are no service medical records or copies of the applicant’s entrance or exit physicals in the available records.  

The applicant submits a 1996 letter from his former company commander.  The commander states that he recalls that the applicant was experiencing problems with pain in his back and feet.  The applicant had been placed on a profile and took an alternative Army Physical Fitness Test (APFT).  He does not recall if the applicant was seen by a North Atlantic Treaty Organization (NATO) contract German doctor or by Army doctors. 

A 1995 chiropractic report states that the applicant was found to have flat feet which caused him problems while participating in high school sports and during his military service.  It also indicates that the applicant was involved in an automobile accident that exacerbated his low back condition.  The date of the accident is not of record nor are there any documents that would indicate that the accident occurred while the applicant was on active duty.

The applicant submits a 1997 private medical statement showing care for and a diagnosis of pelvic segmental dysfunction complicated by cervicocranial syndrome, a condition pertaining to pain in the neck and head most frequently caused by misalignment of the cervical spine.

The applicant also submits a copy of a 12 September 2001 evaluation of his back showing major displacement of his spine at several locations.

Army Regulation 635-40, paragraph 3-2a(5)b(1) provides that disability compensation is not an entitlement acquired by reason of service-incurred or aggravated illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. 

Army Regulation 40-501, paragraph 3-3b(1), provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

Army Regulation 635-40, paragraph 2-2b, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.

2.  There is no evidence of record that the applicant was suffering from medical problems to the extent that he was unable to perform his assigned duties.

3.  The applicant's continued performance of duty raised a presumption of fitness which he has not overcome by evidence of any unfitting, acute, grave illness or injury concomitant with his separation.

4.  More importantly, the applicant has not demonstrated that his military career was interrupted by reason of a physical disability.  There is no evidence that he was not performing his assigned duties or that he would not have been permitted to cross train into another MOS had he so elected.

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

__RVO__  __EJA___  __RKS __  DENY APPLICATION

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

INDEX

CASE ID	AR2001062601	
SUFFIX		
RECON		
DATE BOARDED	20020131	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.	108.01	
3.	108.03	
4.		
5.		
6.