| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: In effect, that the reason for her separation be corrected to physical disability.
APPLICANT STATES: That she was not able to perform physical training because she had injured both knees. She indicates she has a 20 percent service-connected disability assigned by the Department of Veterans Affairs.
EVIDENCE OF RECORD: The applicant's military records show:
On 12 September 1990, the applicant enlisted in the Army Reserve.
On 9 January 1991, she was ordered to active duty for training in military occupational specialty (MOS) 92B (Medical Laboratory Specialist).
On 8 April 1991, she was academically relieved from the Medical Laboratory Specialist Course.
On 6 August 1991, the unit commander notified her of the initiation of separation action under Army Regulation 635-200, chapter 13, based on her unsatisfactory performance, specifically that she had been academically relieved from her training and had declined to be reclassified into another MOS. She was advised of her rights. She waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The appropriate separation authority directed her release from active duty with an Honorable Discharge Certificate.
On 15 August 1991, she was honorably separated under the above-cited regulation. Her separation document indicates she had 7 months and 7 days of creditable service.
On 30 November 2001, the Army Discharge Review Board found her discharge to be proper and equitable and denied her request for upgrade.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.
Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.
Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.
This Board operates under the standard of presumption of regularity in governmental affairs. The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper. There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.
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. There is no evidence available in the record that the applicant had a medical problem or that her discharge was related to a knee disability.
2. The reason for the discharge was proper and equitable; therefore, the applicant is not entitled to a change of reason for discharge.
3. The applicant has submitted neither probative evidence nor a convincing argument in support of the request.
4. 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.
5. 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
_gdp____ _tap____ __mhm__ DENY APPLICATION
| CASE ID | AR2001060011 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020221 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.200 |
| 2. | |
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| 6. |
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