MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 4 September 2003
         DOCKET NUMBER: AR2003089403

         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor .		Chairperson
Mr. Frank C. Jones		Member
Ms. Barbara J. Ellis		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: In effect, that her uncharacterized discharge be changed to an honorable discharge for medical reasons, and that her assigned Separation Designator (SPD) code be changed accordingly.

APPLICANT STATES: In effect, she contends that she was unfairly and unjustly discharged from the Army with an uncharacterized discharge for a medical condition that existed prior to service (EPTS). She claims the only seizure she ever experienced in her life was at Fort Jackson, South Carolina on 14 August 2002, while she was on active duty in the Army. She states that as can be seen from her entrance physical examination, there was no history of seizure disorder nor was there any finding reports that could even be remotely connected to past seizures.

The applicant claims that the Medical Evaluation Board (MEB) that provided this finding acted erroneously and its findings and recommendations were not based on medical facts or findings that would support an EPTS determination. She states that the findings of the MEB were referred to Fort Stewart, Georgia for a more extensive medical evaluation; however, she was instead referred to a facility located in Columbia, South Carolina on 27 August 2002. She further claims that she was never informed of this appointment until the day after her separation on 21 September 2002.

The applicant also states that she initially submitted an appeal of the EPTS separation based on the seizure disorder, but withdrew the request shortly before her separation because she did not want to go through the stress associated with the time it would take to process the appeal. She states that at the time, she believed she was being railroaded out of the Army only five weeks after her seizure without having had a proper evaluation based on an unfair determination that her condition EPTS. She claims this determination now prevents her access to medical care through the Department of Veterans Affairs (VA) or consideration of her condition as service connected.

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

On 10 April 2002, she enlisted in the Regular Army for four years. She served on active duty for 5 months and 11 days until being discharged with an uncharacterized description of service on 20 September 2002.

The applicant’s record confirms that that she entered active duty as a private first class and that this is the highest rank she held while serving on active duty. Her record documents no acts of valor, significant achievement, or service warranting special recognition. It also contains no derogatory information and reveals no disciplinary history.


On 14 August 2002, while in training at Fort Jackson, South Carolina, the applicant suffered a generalized seizure. She was evaluated by an internal medicine physician, who diagnosed her condition as a Seizure Disorder/Epilepsy, and recommended that she be separated based on this EPTS medical condition.

A MEB evaluated the applicant’s case and found her medically unfit for
retention and it determined that her condition existed prior to her entering
military service. On 15 August 2002, the applicant requested discharge based on the findings and recommendations of the MEB. She acknowledged that she had the right to have her case considered by a Physical Evaluation Board (PEB), but she elected not to exercise this right. She further acknowledged that she understood that she would be separated by reason of EPTS physical disability.

On 24 August 2002, the applicant submitted an appeal of the separation decision. She stated that in the early morning hours of 14 August 2002 she had a seizure. She states that she fell out of her bunk and hit her head on the floor rather hard. After testing and mixed results, the physician treating her diagnosed her condition as seizure disorder. She claimed that there was never a second opinion, and as a 32 year old female who had never in her life had a seizure before this incident, it was still unsure whether the seizure resulted in her falling out of her bunk or if her falling out of her bunk and hitting her head on the floor resulted in the seizure.

On 9 September 2002, the applicant submitted a statement requesting that her appeal of her EPTS separation be withdrawn. She stated that she did not want to have a neurological study done, and that she would like to go home without further delay.

On 13 September 2002, the separation authority approved the recommendation for separation and directed that she be separated under the provisions of chapter 5, Army Regulation 635-200, and that her discharge be uncharacterized. On
20 September 2002, the applicant was discharged accordingly.

The separation document issued to the applicant on the date of her discharge,
20 September 2002, confirms that she was discharged under the provisions of chapter 5, Army Regulation 635-200, by reason of disability, EPTS, medical board. This document also shows that at the time of her separation, she had completed a total of 5 months and 11 days of active military service, and that she was assigned a SPD code of KFN and a corresponding reentry (RE) code of
RE-3.

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Army Regulation 635-40 establishes the Army Physical Disability Evaluation System. Chapter 5 provides for separation of an enlisted soldier for non-service aggravated EPTS conditions when a soldier requests a waiver of PEB evaluation. If the soldier is in entry level status at the time of processing, an uncharacterized description of service will normally be given at discharge.

Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of KFN is the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of chapter 5,
Army Regulation 635-40 based on an EPTS condition. The SPD/RE Cross Reference Table confirms that RE-3 is the appropriate RE code to assign with a SPD code of KFN.

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 notes the applicant’s contention that she was unjustly discharged under EPTS conditions. However, it finds insufficient evidence to support this claim.

2. The evidence of record confirms that the applicant was diagnosed with a seizure disorder and that her condition was determined to have existed prior to her entering military service by a properly constituted MEB. The applicant waived her right to a PEB and she was processed for separation under the applicable law and regulations.

3. Notwithstanding the applicant’s assertions to the contrary, the applicant was properly given an uncharacterized description of service because she was still in an entry level status, and her SPD and RE code assignments were made in accordance with the applicable regulation based on the authority and reason for her discharge. Absent evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout her EPTS disability separation processing. Thus, the Board finds no evidentiary basis to support the requested relief.

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

__FCJ___ __BJE__ ___RO __ DENY APPLICATION

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

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INDEX

CASE ID	AR2003089403
SUFFIX
RECON
DATE BOARDED	2003/08DD
TYPE OF DISCHARGE	UNCHAR
DATE OF DISCHARGE	2002/09/20
DISCHARGE AUTHORITY	AR 635-40 C5
DISCHARGE REASON	EPTS disability
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 177	108.0000
2.
3.
4.
5.
6.