MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 July 2003
         DOCKET NUMBER: AR2003084378

         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Patrick H. McGann		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 uncharacterized discharge be changed to an honorable discharge for medical reasons.

APPLICANT STATES: That his groin tear (i.e., hernia) did not exist prior to service (EPTS), otherwise he would not have been allowed to enter the Army. He was diagnosed shortly after his discharge with epididymitis prostatitis, leaving him with lifelong problems. He provided a Department of Veterans Affairs (VA) document dated 6 December 1995 and two letters from Doctor D___ (dated 4 December 1990 and 18 June 1991) as supporting evidence with his application to the Army Discharge Review Board (ADRB).

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

He enlisted in the Regular Army on 24 April 1989. He completed basic training and advanced individual training and was awarded military occupational specialty 45D (Self-Propelled Field Artillery Turret Mechanic).

Between 4 May 1989 and 24 June 1989, the applicant was counseled on nine occasions for failing to follow instructions, lack of motivation, and disobeying orders; threatening to slit his wrists and lack of motivation; lack of motivation and threatening to attempt suicide to get out of the Army; threatening suicide, lack of motivation, and disobeying an order; riding sick call; lack of motivation and threatening suicide; failure to secure weapon; and failing the Army Physical Fitness Test.

Around July 1989, the applicant was placed on a physical profile for an unknown reason.

On 16 October 1989, the applicant was counseled concerning his discharge from the Army because of medical reasons. His Enlistment Physical Standards Board proceedings are not available. His service medical records are not available.

On 25 October 1989, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, with an uncharacterized description of service, for not meeting procurement medical fitness standards – no disability. He had completed 6 months and 2 days of creditable active service.

On 2 November 1989, the applicant was initially seen by a civilian doctor and diagnosed with epididymitis. (National Institutes of Health Internet site medlineplus.gov describes epididymitis as an inflammation of the epididymis, the coiled tubes that connect the testes with the vas deferens. It is usually caused by infection or by the sexually transmitted disease chlamydia, and results in pain and swelling at the back of one testicle.) On 18 October 1990, he was diagnosed by the same doctor with prostatitis. (Medlineplus.gov describes chronic prostatitis as an inflammation of the prostate gland that develops gradually, continues for a prolonged period, and typically has subtle symptoms. Acute prostatitis is an inflammation of the prostate gland that develops suddenly. Acute prostatitis is usually caused by a bacterial infection of the prostate gland.)

A VA document dated 6 December 1995 shows the applicant was awarded a 10 percent disability rating for epididymal infection effective 1 November 1989.

On 22 January 2003, the ADRB voted not to change the reason for the applicant's discharge or to change the description of his service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 sets the policy and prescribes procedures for separating members who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the soldier’s initial entrance of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time and does not disqualify him or her for retention. 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.)

Department of Defense Directive 1332.14, Subject: Enlisted Administrative Separations, states that, for the purposes of characterization of service or description of separation, the member's status is determined by the date of notification as to the initiation of separation proceedings.

Army Regulation 40-501 governs medical fitness standards for procurement, retention, and separation. Paragraph 2-14 states that an undiagnosed enlargement or mass of a testicle or epididymis are causes for rejection. It also states that a hernia, other than a small asymptomatic umbilical or asymptomatic hiatal hernia, is a cause for rejection.

Internet site mayoclinic.com states that some people develop or acquire the abdominal weakness that leads to a hernia in adulthood but more often the weakness occurs at birth, when the abdominal lining (peritoneum) doesn't close properly.

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2. The Board does not have the applicant's Enlistment Physical Standards Board proceedings or his service medical records to review. The Board is aware that enlistment physical examinations are not as thorough as other types of physical examinations. It is possible the applicant had a hernia, even an inguinal hernia, at the time he completed his enlistment physical but his symptoms were not detectable. Therefore, he was allowed to enlist only to have symptoms to develop soon thereafter.

3. The Board also notes that epididymitis is a cause for rejection for enlistment, too.

4. The applicant's uncharacterized description of service was appropriate considering all the facts of this case. His separation was initiated on or before 16 October 1989, when he was counseled concerning his discharge from the Army because of medical reasons. On that date, he had less than 180 days of continuous active duty. An uncharacterized discharge merely means that the soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

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

__rvo___ __kan___ __phm___ DENY APPLICATION

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

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INDEX

CASE ID	AR2003084378
SUFFIX
RECON
DATE BOARDED	20030703
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	108.00
2.
3.
4.
5.
6.