APPLICANT REQUESTS:  That his record be corrected to show that he was medically discharged.

APPLICANT STATES:  In effect, that he had mental and physical disabilities at the time of his separation.  He provides no documentary evidence to support his claim.

COUNSEL CONTENDS:  Counsel is silent on the issue.

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

On 10 October 1979, he enlisted in the Regular Army.  He completed his required training and was awarded military occupational specialty 76P (Material Control/Accounting Specialist).  He was advanced to pay grade E-4 on 2 December 1981.

On 22 January 1980, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for resisting lawful apprehension by military police on     8 January 1980.  His punishment included a forfeiture and extra duty.

On 28 May 1981, he accepted NJP under Article 15, UCMJ, for his failure to go to his appointed place of duty on 18 May 1981.  His punishment included a reduction to pay grade E-2 (suspended), a forfeiture, and restriction.

On 25 June 1982, he was notified of the procedures for the voluntary completion of a separation physical examination.  There is no indication that he completed the examination.  Medical records indicate the applicant’s physical profile was 111111A just prior to his separation.

On 9 October 1982, he was honorably separated, in pay grade E-4, under Army Regulation 635-200, chapter 2, based on the expiration of his term of service.  His Report of Separation indicates that he had 3 years of creditable service.


On 25 September 1995, a VA Rating Decision denied the applicant service-connection for paranoid schizophrenia with manic depression, back disorder, paralysis of the upper and lower extremities, thyroid condition, bilateral leg condition, residuals of fracture of the right little finger, and recurrent right ankle sprains. 

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 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 the aforementioned requirement.

2.  There is no indication that the applicant had any disqualifying physical disabilities.  A check of his medical record for the period is unremarkable.

3.  The evidence of record shows that he elected not to take a final physical examination.

4.  The applicant’s separation was in accordance with regulations then in effect.

5.  The VA denied service-connection for a multitude of claimed disabilities.

6.  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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director