MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  10 December 2002
	DOCKET NUMBER:  AR2002074703

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Conrad V. Meyer		Member	
	Mr. Ted S. Kanamine		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:  In effect, that his discharge characterized as under other than honorable conditions (UOTHC) be upgraded to honorable or changed to show that he was separated by reason of physical disability.

APPLICANT STATES:  In effect, that in June 1980, while attending basic training, he attempted to complete the obstacle course and was injured.  He was ordered to jump and tore a ligament in his left leg plus damage to his left medial meniscus (dislocation of the internal cartilage knee joint).  He was released from Fort Dix, New Jersey with a medical profile that was extended every 90 days; however, he was not being paid and later received one lump sum in 1981.

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

The applicant's records contain a copy of his entrance examination, dated 8 May 1980, which was prepared prior to his entrance on active duty, and shows that he was qualified for enlistment with a 111111 physical profile.  The doctor also notes that the applicant had injured his left knee 5 days prior to the examination and was experiencing pain.
He enlisted in the US Army Reserve (USAR) on 22 May 1980, for a period of 6 years.  
On 11 August 1980, the hospital adjutant prepared a letter to the applicant's commander which stated that the applicant injured himself while on active duty at Fort Dix, New Jersey.  He suffered a torn medial meniscus of his left knee while participating in field training with his unit on 18 July 1980.  He was evaluated by medical authorities, received a profile, and had not recovered sufficiently to return to regular duty without limitations.  He requested that the applicant continue to receive pay and allowances until 11 November 1980, the end of his temporary profile. 
The applicant's records contain a copy of a DA Form 3349 (Medical Condition -Physical Profile Record), dated 11 August 1980, which shows that he was issued a temporary profile of 113111 for internal derangement (disorder) left knee.  He was returned to his unit for duty and was found qualified for duty with temporary limitations.  His assignment limitations consisted of no crawling, stooping, running or jumping, no prolonged standing or marching, and no strenuous physical activity.
On 20 April 1981, he was issued another temporary profile of 113111 for possible cartilage damage to his left knee.  He was returned to duty and was found qualified for duty with temporary limitations.  The doctor did not recommend the applicant for a Medical Evaluation Board (MEB) or any form of physical disability processing.

On 20 April 1981, the applicant was administered a physical examination and was found qualified for retention in the USAR.

On 10 September 1982, orders were published releasing the applicant from his troop program unit (TPU) for unsatisfactory participation and was assigned to the USAR Control Group (Annual Training) effect 11 September 1982.

The facts and circumstances pertaining to the applicant's release are not present in the available records.  

He continued to serve in the Control Group until he was discharged under other than honorable conditions on 12 July 1983, under the provisions of Army Regulation 135-175, for misconduct.

Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 4 of the regulation governs transfer to the Individual Ready Reserve (IRR).  Section I pertains to unsatisfactory participants.  It states, in pertinent part, that TPU enlisted members who fail to satisfactorily participate may be transferred to the IRR, or to a control group to complete their statutory or contractual military service obligation (MSO).  Transfer will be without board action or characterization of service.

Chapter 7 of Army Regulation 135-178 establishes the policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, patterns of misconduct, commission of a serious offense, and related charges.  Enlisted members are subject to separation when it is determined that the member is unqualified for further military service.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter.  If warranted by the member's overall record, a characterization of under honorable conditions may be furnished.

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 the absence of evidence to the contrary, it must be presumed that the applicant's administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.

2.  The applicant was issued two temporary profiles, returned to his unit for duty, and was found qualified for duty with a physical profile of 113111.  He was listed with defects of internal derangement left knee and possible cartilage damage to his left knee.  There is no evidence in the applicant's record to show that a MEB was considered or requested by competent medical authorities prior to his discharge.

3.  After a review of the applicant's records, there is no evidence in the available records to show that further authorization was received from the appropriate authorities for continuous entitlement to pay and allowances that ceased on 11 November 1980.

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 this 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

__ca___  __cm____  __tk____  DENY APPLICATION

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

INDEX

CASE ID	AR2002074703	
SUFFIX		
RECON		
DATE BOARDED	20021012	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19860712	
DISCHARGE AUTHORITY	AR .  135-175	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  360		
2.		
3.		
4.		
5.		
6.