MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 October 2002
         DOCKET NUMBER: AR2002073370

         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Walter T. Morrison		Member
Mr. Charles Gainer		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)

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APPLICANT REQUESTS: That his honorable discharge be changed to a medical discharge.

APPLICANT STATES: In effect, that he should have been given a medical discharge. He contends that his physical condition clearly deteriorated after the accident in 1978 and he was forced to complete his military obligations under physical and emotional stress. In support of his application, he submits an undated letter of explanation; a letter, dated 18 February 2002, from his psychiatrist; a letter, dated 16 April 2002, from his physician; a letter of explanation, dated 9 June 1999; sick call records from 1976 to 1980; Madigan Medical Center records from 1976 to 1980; physical training scores; letters of commendation; medical records after his service in the Army; and Veterans Administration records from 1980 to 2000.

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

The applicant enlisted on 13 September 1976 for a period of 4 years. He successfully completed basic combat training and advanced individual training in military occupational specialty 62B (construction equipment repair specialist).

On 18 August 1978, the applicant was a passenger in a military vehicle which was involved in an accident. The applicant was hospitalized and diagnosed with a lung contusion, cerebral trauma, a renal contusion, anisocoria [inequality of the pupils of the eyes in diameter] (secondary to iridoplegia [paralysis of an eye muscle]) and right scapular neck fracture. He was discharged from the hospital on 25 September 1978 and his discharge condition was rated as good.

On 7 August 1980, the applicant underwent a separation physical examination and was qualified for separation with a physical profile of 111211.

On 16 September 1980, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 2, for completion of required service. His highest rank attained was specialist four.

On 1 June 1982, the applicant was honorably discharged from the Ready Reserve.

In support of his claim, the applicant provided a letter, dated 18 February 2002, from his psychiatrist. She attests that the applicant is currently in treatment for Major Depression Recurrent and Post Traumatic Stress Disorder (PTSD) and that both of these illnesses have their roots in the accident and subsequent chronic pain problems he developed while in the service many years ago. She also states that the applicant has never fully recovered from the depression of PTSD.

The applicant also provided a letter, dated 16 April 2002, from a physician attesting that he has PTSD and suffers from chronic neck and low back pain since the accident in 1978.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. The regulation, in effect at the time, provided in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training. A soldier separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry level status and service is uncharacterized.

Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric. Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment. Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty. The individual should receive assignments commensurate with his or her functional capacity.

Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 3-2b, as amended, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

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. The Board considered the applicant’s contentions that his physical condition clearly deteriorated after his accident in 1978 and that he should have been given a medical discharge.

2. However, evidence of record shows that prior to the applicant’s separation in 1980, competent medical authority determined that he was then medically qualified for separation with a physical profile of 111211. Accordingly, the applicant was separated from active duty for completion of required service, not as the result of a medical condition.

3. The Board considered the applicant’s contention that he was forced to complete his military obligations under physical and emotional stress. However, the applicant has provided no evidence of record to support this contention.

4. Evidence of record does show that the applicant served 25 months of military service after his accident in 1978.

5. The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The type of discharge directed and the reasons therefore appear to be appropriate considering all of the facts of the case.

6. 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.

7. 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

INW____ WTM____ CG______ DENY APPLICATION

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

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INDEX

CASE ID	AR2002073370
SUFFIX
RECON
DATE BOARDED	20021003
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19800916
DISCHARGE AUTHORITY	AR 635-200 Chapter 2
DISCHARGE REASON	Completion of required service
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	108.0000
2.
3.
4.
5.
6.