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ARMY | BCMR | CY1997 | 9711735
Original file (9711735.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, that his discharge be changed to a medical discharge.
APPLICANT STATES : In effect, that he was treated for migraines before he was discharged and he was given no special equipment to support his flat feet.

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

He was born on 14 May 1960. He completed 10 years of formal education. On his enlistment physical, it was noted that he had flat feet but was found acceptable for enlistment. On 25 October 1977, he enlisted in the Regular Army for 3 years.

On or about 8 November 1977, the applicant received a mental status evaluation. The evaluation found no evidence of a psychiatriatic disorder that would warrant disposition through medical channels. He was found to know right from wrong and had the ability to adhere to the right. It was noted he had been on sick call every day since he arrived at Fort Gordon, GA on 31 October 1977. It was the evaluators’ opinion that the applicant was immature and did not possess the strengths to be a productive soldier and should be discharged as expeditiously as possible.

On 8 November 1977, the commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, Chapter 5, trainee discharge program. The commander noted that his demonstrated character and behavior characteristics were not compatible with continued service.

The applicant acknowledged notification of the action, made no statement, and checked that he did not wish a final type physical exam.

On 18 November 1977, the appropriate authority approved the recommendation and directed he be given an honorable discharge.

On 23 November 1977, the applicant noted that his medical condition had changed in that he was having migraine headaches and different types of sharp pains in his brain and that his feet were irritated badly.

On 23 November 1977, he was discharged with an honorable discharge in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 5. He had completed 29 days of creditable active service and had no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The pertinent paragraph in Chapter 5 provides that commanders may expeditiously discharge members who lack the necessary motivation, discipline, ability or aptitude to become productive soldiers when these individuals were voluntarily enlisted in the Regular Army, Army National Guard or U.S. Army Reserve; are in basic training or in advanced individual training and have completed no more than 179 days active duty or initial active duty for training on current enlistment by the date of discharge; and have demonstrated that they are not qualified for retention for reasons such as demonstrating character and behavior characteristics not compatible with satisfactory continued service

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.

2. The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3. The applicant was given an opportunity to undergo a final separation physical and chose to forego the same.

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
DENY APPLICATION




         Loren G. Harrell
                                                      Director

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