Author: WoodsHN

ABCMR Memorandum of                                                               AC97-11263
Consideration (cont)                                                                      AR1999015918

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:    24 February 1999                          
	DOCKET NUMBER:   AC97-11263

	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. Loren G. Harrell | | Director
| Ms. Rosa M. Chandler | | Analyst

  The following members, a quorum, were present:

| Mr. Calvin M. Fowler | | Chairperson
| Mr. Mark D. Manning | | 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)

APPLICANT REQUESTS:  In essence, that her entry level performance and conduct discharge from active duty on 10 April 1995 be changed to a medical discharge.

APPLICANT STATES:  In essence, that she was sick and could not pass the Army Physical Fitness Test (APFT).  She did pass the APFT administered during basic training.  

COUNSEL STATES:  Counsel provided no additional information.

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

She enlisted in the Regular Army (RA) on 10 November 1994 for 6 years, and training in military occupational specialty 91E (Dental Specialist).  She completed basic training at Fort Leonard Wood, Missouri and on 31 January 1995, she was assigned to Fort Sam Houston, Texas, to attend the Dental Specialist (basic) Course.

Shortly after reporting to Fort Sam Houston, the applicant experienced problems achieving a passing score on the APFT.   She failed three consecutive diagnostic APFT’s administered on 6, 17, and 27 February 1995.  Her test scores were 
22, 30 and 14 points (a minimum of 60 points are required to pass the 2-mile run).  On 6 February 1995, she was placed on remedial APFT to assist her in obtaining a passing score.

On 6 March 1995, the applicant reported to a medical treatment facility with complaints of experiencing dizziness, coughing and headaches.  She was diagnosed to be suffering from pneumonia.  She was administered medication and given a profile that stated no physical training.  The profile expired on 20 March 1995.  

On 7 March 1995, the unit commander notified the applicant that she was being considered for relief from the 91E Course for nonacademic reasons, and that he had requested a Brigade Inquiry.  On 7 March 1995, she acknowledged receipt, she declined further legal counsel.  She stated that she did not wish to have a Brigade Inquiry convened.

On 10 March 1995, graduation was held, but since the applicant had failed to meet the qualification standards to graduate from advanced individual training, she did not graduate.  Even though her academic grade point average was 73.2, which was passing, she had not been able to pass the 2-mile run.

On 14 March 1995, the commander informed the Chief, Student Personnel, Fort Sam Houston, Texas, that the applicant was being recommended for separation under the provisions of chapter 11, Army Regulation 635-200, for an entry level separation.  

On 20 March, 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, Army Regulation 635 200, by reason of entry level status-performance and conduct.  The commander cited that the applicant had been "unable to pass the APFT and qualify for an MOS, specifically 91E."  She was advised of her rights and of the impact of the discharge action.  On 20 March 1995, she acknowledged notification, waived further legal counsel, and she did not submit a statement on her behalf.  

On 31 March 1995, the separation authority waived further rehabilitative efforts, and directed that the applicant be discharged in an entry level status, and that she would not be transferred to the Individual Ready Reserve. 

On 20 March 1995, the applicant returned to the medical treatment facility and stated that she felt better, but was still experiencing mild coughing and fatigue.  She was diagnosed to have bronchitis.  She was instructed to take medication as instructed and returned to full duty.

On 10 April 1995, the applicant was separated under the provisions of Army Regulation 635-200, paragraph 11-3a (entry level status-performance and conduct), with an uncharacterized discharge.  She had completed 5 months and 1 days of active military service. 

In connection with his application, the Medical Advisor to this Board, opined (COPY ATTACHED), in essence, that "the applicant's medical records notes a diagnosis of left lower lobe pneumonia on 6 March 1995, which was treated for approximately 2 weeks.  She was subsequently returned to full duty.  A review of the applicant's APFT records notes that all APFT failures predated the diagnosis and treatment of her pneumonia by several weeks.  Applicant's medical records do not show any episodes of illness, treatment nor duty restrictions at those times."

The above advisory opinion was referred to the applicant for comment or rebuttal, but she failed to respond.

Title 10, United States Code, at chapter 61, provides for disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade or rating because of disability incurred while entitled to basic pay.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of this regulation, in effect at the time, provided, for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applies to soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline.  The regulation requires uncharacterized service for separation under this chapter.

There is no evidence that the applicant has ever applied to the Army Discharge Review Board (ADRB).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.

2.  The applicant's records do not contain any evidence, and she has not provided any probative medical evidence to show that she had a medical condition, which would have rendered her medically unable to pass her APFT. 

3.  The applicant had no medically unfitting disability, which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

4.  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

JDM_____  MDM____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID | AC97-11263/
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 24 February 1999
TYPE OF DISCHARGE | (EL)
DATE OF DISCHARGE | 950410
DISCHARGE AUTHORITY | AR635-200, Chapter 11
DISCHARGE REASON | Entry Level Status Performance and Conduct
BOARD DECISION | (NC)
REVIEW AUTHORITY |
ISSUES         1. | Request medical discharge.
2. |
3. |
4. |
5. |
6. |