APPLICANT REQUESTS: That his uncharacterized discharge be corrected to a general discharge for medical unfitness.
APPLICANT STATES: That he was discharged due to his inability to pass the Army Physical Fitness Test (APFT). However, he was forced to take the APFT when he was under physical profile limitations, which was in violation of Army regulations. His inability to pass the APFT was incorrectly interpreted as laziness by his commander who, based on that perception, refused to allow him to be processed for discharge by reason of medical unfitness.
In support of his application he submits a rating decision by the VA in which he was awarded a zero percent rating for residuals from his left hip strain. The VA also noted that the applicant suffered from lower back strain, but determined that that condition was not service connected.
EVIDENCE OF RECORD: The applicant's military and medical records show:
He enlisted in the Regular Army for 5 years on 26 September 1990 in pay grade E-1.
During the applicant's basic combat training (BCT), he reported to sick call for stiffness of his left hip, sore throat, groin pain, throbbing eyeballs, seeing black spots, flashing sight, dizziness, and blood in his urine. For those conditions, he was given profile limitations for the period 6 through 13 December, 18 through 20 December, and 24 through 27 December 1990.
While in BCT, he failed the APFT on 27 October, 9 November, and 1 December 1990. He also failed a modified APFT on 11 December 1990 with the pushup and run portions of the test omitted due to his profile. In addition, the applicant failed the basic rifle marksmanship test, a prerequisite for completing BCT, on 27 November 1990, and was found to be overweight on 8 and 29 November and 1 and 11 December 1990.
On 24 December 1990, based on a request from the applicant's command, a physician examined the applicant and determined that his physical problems had not existed prior to his entry on active duty, but those conditions were not medically unfitting under retention standards.
On 3 January 1991 the applicant's commander notified him
of his intent to recommend his discharge for entry level
status performance and conduct and of his rights in
conjunction with that recommendation. The applicant chose to waive all of his rights.
Thereafter, the applicant's commander recommended his
discharge for entry level status performance and conduct
based on his inability to pass the APFT. That
recommendation was approved by the appropriate authority
and the applicant was given an uncharacterized
discharge on 23 January 1991 under the provisions of
Army Regulation 635-200, chapter 11, entry level
performance and conduct. He had 3 months and 28 days of
active duty.
On 2 February 1996 the Army Discharge Review Board denied
the applicant's request for upgrade of his discharge.
Army Regulation 635-200, chapter 11, Entry Level Status
Performance and Conduct, provides for the initiation of
discharge proceedings against soldiers who have less
than 180 days of creditable active service at the time
they are notified of the proposed separation who
demonstrate that their separation is warranted due to
unsatisfactory performance or minor disciplinary
infractions, as evidenced by inability, lack of
reasonable effort, or failure to adapt to the military
environment. Soldiers separated under this authority
are given an uncharacterized discharge.
Title 10, United States Code, chapter 61, provides
disability retirement or separation for a member who is
physically unfit to perform the duties of his office,
rank, grade or rating because of disability incurred
while entitled to basic pay.
Title 38, United States Code, sections 310 and 331,
permits the VA to award compensation for a medical
condition which was incurred in or aggravated by active
military service. The VA, however, is not required by
law to determine medical unfitness for further military
service. The VA, in accordance with its own policies
and regulations, awards compensation solely on the basis
that a medical condition exists and that said medical
condition reduces or impairs the social or industrial
adaptability of the individual concerned. Consequently,
due to the two concepts involved, an individual's
medical condition, although not considered medically
unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.
DISCUSSION: Considering all the evidence, allegations,
and information presented by the applicant, together
with the evidence of record and applicable law and
regulations, it is concluded:
1. The applicant had failed the APFT on three occasions
when he had no profile limitations, and had failed a
modified APFT when he was under profile limitations. Therefore, his contention that he failed his APFT because he was forced to take that test when he had profile limitations is not true.
2. In addition, the applicant failed the basic rifle
marksmanship test and was consistently found to be
overweight.
3. The applicant's records do not indicate any medical
condition which was so severe as to render him medically
unfit for retention. Accordingly, the applicant was
properly separated from active duty for reasons other than
physical disability.
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
DENY APPLICATION
David R. Kinneer
Executive Secretary
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