| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his administrative separation be changed to a physical disability separation.
APPLICANT STATES: In effect, that he injured his knees and Achilles tendon during maneuvers and the Department of Veterans Affairs (VA) will not treat him. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the U. S. Army Reserve on 20 May 1992. He entered initial active duty for training on 28 May 1992.
A memorandum dated 6 August 1992 indicates that a line of duty determination was initiated and a Statement of Medical Examination and Duty Status, DA Form 2173, was forwarded to the applicant’s unit. The line of duty determination is not available.
On 12 August 1992, separation action on the applicant was initiated under the provisions of Army Regulation 635-200, chapter 11 for entry-level status performance and conduct. The commander cited the applicant’s lack of motivation, lack of discipline, inability to follow orders, and insubordinate attitude towards his cadre as the reasons for the proposed action. The commander indicated the applicant had accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on 14 August 1992 but the Article 15 is not available and the offense for which it was given is not known.
On 20 August 1992, the applicant acknowledged notification of the proposed separation action. He waived his rights and elected not to submit a statement on his own behalf.
On 20 August 1992, the applicant elected to waive his right to undergo a separation medical examination.
On 21 August 1992, the appropriate commander waived rehabilitative transfer and approved the recommendation with an uncharacterized, entry-level discharge.
On 27 August 1992, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11, entry-level status. His character of service was uncharacterized. He had completed 3 months of creditable active service.
Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention: cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status. (For Regular Army soldiers, entry-level status is the first 180 days of continuous active duty.)
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. Under the laws governing the Army Physical Disability Evaluation system, soldiers who sustain or aggravate physically unfitting disabilities must meet several line of duty criteria to be eligible to receive retirement and severance pay benefits. The disability must have been incurred or aggravated while the soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training. The disability must not have resulted from the soldier’s intentional misconduct or willful neglect. The disability must not have been incurred during a period of unauthorized absence.
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. The available line of duty determination request indicates that the applicant was injured in some manner. However, there is no evidence to show what the injury was, how badly he was injured, or whether or not the injury was the result of the applicant’s own misconduct. The applicant elected to waive his right to undergo a separation medical examination at the time and so there is no separation physical documenting his injury. There is no evidence of record and the applicant provides none to show that he was physically unfit for military duty at the time of his separation.
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___ __tsk___ __jtm___ DENY APPLICATION
| CASE ID | AR2001062899 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020110 |
| 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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