MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 June 2003                   
	DOCKET NUMBER:   AR2002080085

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Marla J. N. Troup		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 Item 24, character of service, on her DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed from "Entry Level Status" to "Honorable" and that she be given the appropriate separation code in Item 26.

APPLICANT STATES:  In effect, that she has been denied Department of Veterans Affairs (VA) benefits because her DD Form 214 is incorrect.

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

On 23 July 1985, she enlisted in the Regular Army (RA) for 3 years and training in military occupational specialty (MOS) 71L (Administrative Specialist).  Upon completion of basic combat training (BCT) at Fort McClellan, Alabama, she was transferred to Fort Jackson, South Carolina, for advanced individual training (AIT) in MOS 71L.

During her first week of AIT, the applicant was seen by Physical Therapy staff for pain she experienced beginning during the latter part of BCT and resulting in her inability to stand, march or run due to leg pain.  An outpatient evaluation included positive findings for stress reaction of the bone at the medial femoral condyles.

On 9 December 1985, the applicant was admitted to the Orthopedic Service at Moncrief Army Community Hospital, Fort Jackson, for evaluation.  At that time, the Army initiated a Medical Evaluation Board (MEB), an informal proceeding consisting of at least two physicians evaluating the medical history of a soldier and determining how an injury/disease will respond to treatment protocols and, ultimately, if the soldier is fit or unfit for duty.  The MEB found the applicant's physical examination was normal except for diffuse tenderness over both knees with no swelling or warmth over the area involved.  An antalgic gait (limp) was demonstrated.  The neurologic and vascular status of both legs was normal; 
x-rays of the lower legs were all within normal limits.  A bone scan was positive for stress reaction of the bone at both medial femoral condyles.  During the period of her hospitalization, the applicant was placed on a medical profile limiting her to those activities which did not elicit pain in her legs.  The MEB recommended that the applicant be referred to a Physical Evaluation Board (PEB).

On 13 January 1986, an informal PEB diagnosed the applicant's condition to be "stress reaction(s)/fracture(s), lower extremity (ies); as stated by [MEB], not requiring external aids to ambulation."  The applicant was determined to be physically unfit to continue initial training.  The PEB recommended a combined disability rating of 20% and separation with severance pay, if otherwise qualified. The applicant concurred with the findings and recommendation of the PEB and waived a formal PEB.

On 18 July 1978, the applicant was separated from the service in an entry-level status under the provisions of paragraph 4-24b(3), Army Regulation (AR) 635-40 by reason of physical disability with severance pay.  She was issued a DD Form 214 showing she had completed 6 months and 29 days of active military service and was entitled to severance pay in the amount of $1,432.80, if otherwise authorized.  She was assigned a Separation Code (Item 26) of "JFL" and her character of service (Item 24) was shown as "Entry Level Status."

Orders Number 30-1, dated 25 February 1986, Department of the Army, Headquarters, United States Army Medical Department Activity, Fort Jackson, South Carolina, was issued and stated that "effective 21 February 1986, the applicant was authorized disability severance pay, pay grade E-2, 0 years, 6 months and 29 days of active Federal Service.  Percentage of disability 20%."

Army Regulation 635-40 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4-24e(3) of that regulation, in effect at the time, provided for the separation of soldiers with severance pay by reason of physical disability.

Army Regulation 635-5-1 prescribes the specific authorities, reasons for separating soldiers from active duty, and the SPD codes to be entered on DD Form 214.  An SPD code of "JFL" applies to RA soldiers separated for physical disability with severance pay under the provisions of paragraph 4-24e(3), AR 635-40.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel and defines entry-level status as the first 180 days of continuous active duty for Regular Army soldiers.

Department of Defense Directive 1332.14, Subject:  Enlisted Administrative Separations, states that for the purposes of characterization of service or description of separation, the member's status is determined by the date of notification as to the initiation [emphasis added] of separation proceedings.

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.  The applicant's DD Form 214 is correct.  Even though she had 6 months and 29 days of creditable active service, the MEB/PEB process was initiated when she had less than 180 days of active service, thereby rendering her characterization of service as "entry level status."  Her SPD code correctly represents her separation by reason of physical disability with severance pay.

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

__fne___  __hof___  __mjnt__  DENY APPLICATION

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

INDEX

CASE ID	AR20020800085	
SUFFIX		
RECON		
DATE BOARDED	20030617	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19860221	
DISCHARGE AUTHORITY	AR 635-40, C4-24E(3) 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.