MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           5 March 2002                   
	DOCKET NUMBER:   AR2001064620

	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	
	Mr. Edmund P. Mercanti		                        Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Donald P. Hupman		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 her medical discharge with severance pay be corrected to a medical retirement.

APPLICANT STATES:  In effect, that she was not aware of what the options were for medically unfit soldiers.  If she had known what her options were, she would have been able to present her case more effectively.

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

She enlisted in the Regular Army on 19 January 1983, was awarded the military occupational specialty of fuel and electrical systems repairer, and was placed in a patient status immediately following her advanced individual training.

On 31 August 1983 a medical evaluation board (MEB) was convened which determined that the applicant suffered from major depression, acute, severe, treated, improved, in relative full remission.  The applicant also had been treated for self-inflicted burns to her right hand.  The MEB stated that the applicant had a poorly documented history of treatment for depression following her mother’s death, prior to her entry in the Army.  The MEB referred the applicant to a physical evaluation board (PEB).

On 16 September 1983 a PEB convened and determined that the applicant was physically unfit due to major depression, in full remission, slight impairment for social and industrial adaptability, and recommended that she be discharged with severance pay.  The PEB considered the applicant’s burn and determined that it was not unfitting.  The applicant concurred with those findings and recommendation and waived a formal hearing.

The PEB’s recommendation was approved and the applicant was honorably discharged on 24 October 1983 due to physical unfitness with severance pay. 

Army Regulation 635-40 provides that those members who do not meet medical retention standards will be referred to a PEB to determine whether they are physically unfit to perform their duties and if found unfit, to determine the percentage of disability to be awarded.  This regulation also provides that only unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability.  

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

Title 10, United States Code, section 1203, provides for the physical disability separation with severance pay of a member who has less than 20 years service and a disability rated at less than 30 percent.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant has not submitted any evidence or argument which would indicate that the finding of the MEB and PEB, that her depression was controlled by medication and in remission, was in error.  Without something which would show that the MEB and PEB’s findings were in error, the Board must presume that the PEB’s recommendation, that the applicant be discharged with severance pay, was appropriate. 

2.  If the applicant’s depression has worsened since her discharge, she should seek assistance with the Department of Veterans Affairs.

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___  ___tbr __  ___dph__  DENY APPLICATION

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

INDEX

CASE ID	AR2001064620	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020305	
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.	108.02	
2.		
3.		
4.		
5.		
6.