MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 February 2002                   
	DOCKET NUMBER:   AR2001062948

	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:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 an honorable discharge under medical conditions.

APPLICANT STATES:  That an x-ray performed on 10 August 1991 showed that he had a spine injury.  The Department of Veterans Affairs (VA) did not inform him of this condition.  His active duty medical records do not include any radiology reports from the many x-rays done on his spine or shoulder.  In short, he feels his low job performance was caused largely by his medical condition, which went untreated for over nine years.  He provides no supporting evidence.

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

After having had prior service in the Army National Guard, he enlisted in the Regular Army on 24 October 1989.

On 8 March 1990, the applicant was counseled that he was being relieved of all duties connected with his job of battalion self-service supply center clerk because he was derelict in the performance of his duties by not maintaining and posting changes to the account log books as they occurred.  The counseling acknowledged that the applicant had family problems but his poor performance had been of long-standing duration.  He had received six counseling statements prior to this one, mostly for being late to his appointed place of duty.

On 23 March 1990, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for absenting himself from his unit.  His punishment included a suspended reduction to pay grade E-1.  On     17 May 1990, the suspension was vacated.

On 25 May 1990, the applicant accepted NJP under Article 15, UCMJ for failing to go to his appointed place of duty.

On 27 June 1990, the applicant completed a separation physical and was found qualified for separation.  The applicant noted he had injured his right shoulder playing football on 30 January 1990.

On 20 July 1990, the applicant underwent a mental status evaluation.  He was found to have the mental capacity to understand and participate in proceedings, to be mentally responsible, and to be psychiatrically cleared for any administrative actions deemed appropriate by his command.

On an unknown date, the applicant’s commander initiated action to separate him under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  

On 30 July 1990, the applicant was advised by consulting counsel of the basis for the contemplated action.  He submitted a statement in his own behalf.  He stated that he had many severe family problems since he arrived, to include financial difficulties and possible abuse of their child by his wife.  He had a lot of sleepless nights and his mind was preoccupied while at work.  He noted that he injured his shoulder on 31 (sic) January 1990 and had 45 appointments since the injury.

The appropriate authority approved the recommendation and directed the soldier be issued a general discharge under honorable conditions.

On 13 August 1990, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 13, unsatisfactory performance, with a general discharge under honorable conditions.  He had completed a total of 1 year, 1 month, and 22 days of creditable active service and had no lost time. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 of that regulation provides, in pertinent part, that a member may be separated when it is determined that he or she is unqualified for further military service because of unsatisfactory performance.  Commanders will separate a soldier for unsatisfactory performance when it is clearly established that, in the commander’s judgment, the soldier will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.

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.

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 nor does the applicant provide any to show he had a back injury.  There is no evidence of record to show that he was unable to perform his duties due to either a shoulder or a back injury.  The evidence of record shows that he was unable to perform his duties in a satisfactory manner mainly because of his severe family problems.  
3.  Considering his numerous, although relatively minor, infractions of military discipline, the type of discharge given was and still is appropriate.

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

__jhl___  __rjw___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062948	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.