RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004102880


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Ms. Karen Heinz                   |     |Member               |
|     |Mr. Robert Duecaster              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, disability retirement or separation
vice the uncharacterized discharge that she received.

2.  The applicant states that she should have been separated from active
duty by reason of physical disability because she was injured while in the
service.  She states that she injured both knees while in the Army and had
to go to the doctor several times.  She states that the doctor did not
believe her because a lot of people were trying to get out of the service
at that time.

3.  The applicant provides extracts from her Department of Veterans Affairs
medical records.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 21 June 2001.  Her enlistment physical examination shows
“mild asymptomatic pes planus [flat feet].”  She was, however, found
medically qualified for enlistment with a physical profile of 1-1-1-1-1-1.

2.  On 15 August 2001 the applicant was discharged under the provisions of
Army Regulation 635-200, Chapter 11, for “entry level performance and
conduct.” Her service was uncharacterized.  Documents associated with her
administrative separation processing were not available to the Board, nor
were any service medical records.

3.  Extracts from her Department of Veterans Affairs records, which the
applicant provided, indicates that she underwent a baseline radiology
diagnostic test in May 2002 which showed “bilateral knees bilaterally
minimal DJD [degenerative joint disease], no fracture.”

4.  In December 2002 the applicant sought medical assistance from the
Department of Veterans Affairs for “knee pain which started in svc
[service] and limits exercise capacity.”  A February 2003 radiology report
showed “mild degenerative changes with medial joint space narrowing.”  In
July 2003 she was seen again for her knee pain that the applicant reported
as “improved although she is not doing her exercises regularly.”  She
indicated that she was taking Ibuprofen for pain and was told to call for
an appointment as needed.



5.  The applicant’s Department of Veterans Affairs records also indicate
that the applicant was seen for a variety of other ailments, including
depression, allergies and blurred vision.  There is no indication that she
is receiving any disability compensation from the Department of Veterans
Affairs.

6.  Army Regulation 635-200, Chapter 11, provides for the administrative
separation of Soldiers in an entry-level status who cannot meet the minimum
standards prescribed for successful completion of training.  The Soldier is
required to be notified of the proposed separation and is entitled to
consult counsel and submit statement in his or her own behalf.  The service
of Soldiers separated under this chapter will be uncharacterized.

7.  Army Regulation 635-40 states that commanders of medical treatment
facilities who are treating Soldiers in an assigned, attached, or
outpatient status may initiate action to evaluate the Soldier's physical
ability to perform the duties of his or her office, grade, rank, or rating.
 Additionally, unit commander's who believe that a Soldier in his or her
command is unable to perform the duties of his or her office, grade, rank
or rating because of physical disability, may also refer a Soldier to the
responsible medical treatment facility for evaluation.

8.  Title 10, United States Code, Section 1201, provides for the physical
disability retirement of a member who has at least 20 years of service or a
disability rated at least 30 percent.

9.  Army Regulation 635-40 also states that often a Soldier may be found
unfit for any variety of diagnosed conditions, which are rated essentially
for pain.  Inasmuch as there are no objective medical laboratory testing
procedures used to detect the existence of or measure the intensity of
subjective complaints of pain, a disability retirement cannot be awarded
solely on the basis of pain.

10.  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.  With the exception of Soldiers
with less than 6 months of active Federal service, Soldiers with disability
rating of less than 30 percent receive disability severance pay.  Soldiers
with less than 6 months of active Federal service are not entitled to
severance pay.

11.  Title 38, United States Code, permits the Department of Veterans
Affairs to award compensation for disabilities which were incurred in or
aggravated by active military service.  The Department of Veterans Affairs,
which has neither the authority nor the responsibility for determining
physical fitness for military service, awards disability ratings to
veterans for conditions that it determines were incurred during military
service and subsequently affect the individual's employability.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, the Board presumes that the
applicant's administrative separation was accomplished in accordance with
established policies and provisions of law and regulation.

2.  Although documents associated with the applicant’s administrative
separation were not available to the Board, the regulation governing the
separation action provided for the applicant’s participation in the
process.  If either the applicant’s commander or her medical treatment
officials truly believed that she had a medical basis for separation there
would have been no reason not to pursue that avenue as a basis for
separation.  The applicant has proved no evidence which substantiates her
claim that doctors did not believe she was suffering from knee pain because
so many Soldiers were attempting to get out of the military at the time.

3.  The fact that she has been treated by the Department of Veterans
Affairs for her bilateral knee pain since her separation from active duty
is not evidence of any error or injustice on the part of the Army.  If the
applicant were receiving disability compensation from the Department of
Veterans Affairs it would also not necessarily demonstrate any error or
injustice in the Army separation action.  The Department of Veterans
Affairs, operating under its own policies and regulations, assigns
disability ratings as it sees fit.  Any rating action by the Department of
Veterans Affairs does not compel the Army to modify its basis for
separation.

4.  In order to justify correction of a military record the applicant must
show, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___KH __  ___RD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  ______Mark Manning________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102880                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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