| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Linda D. Simmons | Member |
APPLICANT REQUESTS: That his discharge be changed to a medical discharge.
APPLICANT STATES: That he was injured and hospitalized while on active duty. He was told that he would be given a medical discharge. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the U. S. Army Reserve on 19 December 1977. He entered active duty for training on 6 January 1978.
A counseling form that records observations and counseling of the applicant for the period 9 – 17 January 1978 is on file. The form states that on 9 January 1978 the applicant complained about problems he was having at home. He was given the chance to call home. Verification through the Red Cross indicated that the problem was not as severe as he indicated. He called his wife and yet he had informed three Reception Station sergeants that his wife was deaf and dumb. All he wanted to do was call home every minute of the day and it appeared that he wanted to get out of any tasks assigned to him. The form indicated that the applicant was interviewed by the commander on 17 January 1978. He had mentioned to the commander that he tried to commit suicide before and would try again. He was to be evaluated at the Mental Hygiene Clinic.
A Statement of Medical Examination and Duty Status, DA Form 2173, shows that the applicant slipped while descending a stairway and suffered a contusion to his back. He was admitted to Ireland Army Hospital, Fort Knox, KY at 3:30 p.m. 18 January 1978 and examined at 3:30 p.m. 18 January 1978. His service medical records are not available and there is no other evidence to show he was kept in the hospital.
On 24 January 1978, the applicant’s commander initiated action to separate him under the provisions of the Trainee Discharge Program (TDP). The applicant acknowledged notification of the proposed separation action, did not desire counsel, did not desire a separation medical examination, and did not make a statement in his own behalf. The results of the Mental Hygiene evaluation are not available. In his endorsement, the battalion commander noted that the applicant had an emotional problem. The applicant’s stomach was continually upset due to his nervous condition. He was taking a great deal of medication to overcome his nervousness but was still not able to train without breaking down emotionally. The recommendation was approved by the appropriate commander on 30 January 1978.
On 7 February 1978, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-39, TDP. He had completed 1 month and 2 days of creditable active service and had no lost time.
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.
Army Regulation 40-501 governs medical fitness standards for enlistment, retention, and separation. In pertinent part, it states that transient, situational maladjustments due to acute or special stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty.
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. There is no evidence of record to show that the applicant’s back contusion rendered him unfit for duty. He was separated because he was emotionally unfit to continue training; however, his failure to adjust to a military environment did not render him unfit because of a physical disability.
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
__rvo___ __cjp___ __lds___ DENY APPLICATION
| CASE ID | AR2001058418 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010830 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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