MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002077851

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 records be corrected to reflect that he was discharged by reason of physical disability or that his under other than honorable conditions discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that he suffered from arthritis as a child and that he was hospitalized with swelling in his knees, hands and ankles while in the military.  He states that the pain was unbearable and in spite of his pain he was ordered to mop the hospital floors.  He notes that he was unable to do any type of work and when he informed hospital officials that he could not work, he was ordered back to duty.  He states that he still requires medical care for his arthritis but that it is somewhat under control and he would be willing to serve the remainder of his military service in order to receive a medical or honorable discharge.  Beyond his self-authored statement, the applicant submits no evidence in support of his request.

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

In June 1990 this Board denied the applicant's petition to upgrade his undesirable discharge to honorable.  Incorporated herein by reference are military records that were summarized in a memorandum prepared to reflect the Board's consideration of that request (AC89-09856).

The applicant's enlistment physical examination, conducted in June 1961, notes that the applicant's health was good and made no reference to any childhood symptoms of arthritis.  The applicant entered active duty 29 June 1961.  On 
3 July 1961 he was seen in the orthopedic clinic at Ireland Army Hospital for a painful right knee and painful swollen right ankle.  The examining physician noted that there was redness, heat, and tenderness in the applicant's right knee.  However, there is no indication the applicant was hospitalized or that he reported any subsequent complaints of pain in his knees or ankles.  

On 25, 26, and 27 July 1961, the applicant sought medical attention for complaints of lower back pain.  Examinations were negative, with no spasm or tenderness, and "straight leg raising" was normal.  The applicant was returned to duty.

On 7 August 1961 the applicant commenced a series of AWOL (absent without leave) periods, which ultimately resulted in his conviction by two special courts-martial, and a recommendation that he be administratively separated from active duty under the provisions of Army Regulation 635-208 for unfitness.  He was separated with an under other than honorable characterization of service on 
18 May 1962 and issued an undesirable discharge certificate.

The applicant indicated on his 4 May 1962 separation physical examination that his medical condition was "fair."  However, he did not indicate that he was suffering from, or had suffered from, arthritis or any other problems with his joints, knees, or ankles.  The examining physician found him medically qualified for separation.

Army Regulation 635-40 states that disability compensation is not an entitlement acquired by reason of service-incurred 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.  When a soldier is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the soldier is scheduled for separation or retirement, indicates that the applicant is fit for duty.  Disability processing would only be appropriate if there were evidence which establishes that the soldier was, in fact, physically unable to perform adequately the duties of his or her office, grade, rank or rating for a period of time because of disability.  There must be a causative relationship between the less than adequate duty performance and the unfitting medical condition or conditions.  

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.  There is no evidence, and the applicant has not provided any which would serve as a basis for the Board to reverse its previous decision concerning his request to upgrade his discharge to honorable.

2.  There is no evidence the applicant suffered from arthritis prior to his entry on active duty and no evidence that such a condition prevented him from performing his military duties.  Although the applicant may have been treated for medical conditions while on active duty there is no evidence that those conditions prevented him from performing his duties.  The evidence of record indicates he did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

3.  The applicant's administrative separation was accomplished in compliance with applicable laws and regulations.  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 that requirement.

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

__CLG__  __RKS __  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002077851	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021031	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.