| Mr. Loren G. Harrell | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Calvin M. Fowler | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Ms. Barbara J. Ellis | Member |
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. |
ARMY | BCMR | CY1997 | 199711263C070209
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. 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...
ARMY | BCMR | CY2013 | 20130006941
Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action was initiated. The evidence of record shows the applicant's separation action was initiated due to her inability to physically adapt to military service as evidenced by her repeated temporary profiles for stress fractures and her desire to be released from active duty. As she was separated prior to...
ARMY | BCMR | CY1997 | 9710210
APPLICANT REQUESTS: That her military records be corrected to show that she was separated from active duty by reason of physical disability. On 14 June 1994 she submitted an application to this Board requesting that her separation document (DD Form 214) reflect the dates that her unit served in the Persian Gulf. Accordingly, there is no basis on which to grant counsel’s request to show that she was promoted to pay grade E-5 at the time of her separation from active duty.
ARMY | BCMR | CY1997 | 9710210C070209
COUNSEL CONTENDS: Counsel contends that the applicants medical condition did not exist prior to service as determined by a physical evaluation board (PEB) or, alternately, that the condition was aggravated by service; and that she should have been retired with a 100 percent disability rating. EVIDENCE OF RECORD: The applicant's military records show: On 24 September 1990, while serving as a member of the Army Reserve with a unit in San Antonio, Texas, she was ordered to active duty in pay...
ARMY | BCMR | CY1997 | 199708890
Evidence of record shows that the applicant’s condition existed prior to enlistment and there is nothing in the applicant’s record to indicate that his condition was aggravated by his military service. 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: The EPSBD determined that the applicant had medical conditions that were...
ARMY | BCMR | CY2004 | 040005656C070208
In May 2004, after the applicant’s last temporary physical profile expired, the applicant’s unit commander initiated action to administratively separate her from active duty under the provisions of Army Regulation 635-200, chapter 13, because the applicant had failed the APFT on six different occasions. The applicant’s commander recommended that the applicant received a general discharge. However, the separation authority approved the commander’s recommendation and on 2 June 2004...
ARMY | BCMR | CY1997 | 9709738
He was reinstated to the April 1993 selection list, and would be promoted upon successful completion of ANCOC with a date of rank and effective date the date of his graduation from ANCOC. On 11 March 1997 the applicant was again conditionally promoted to Sergeant First Class, effective and with a date of rank of 1 February 1997. That official stated that the applicant could not fully document his failure to attend ANCOC, because he did not pass the physical training test; however, he gave...
ARMY | BCMR | CY1997 | 199708890C070209
EVIDENCE OF RECORD: The applicant's military records show: The evidence available show that the applicant had prior honorable enlisted service in the Regular Army (RA) from 23 September 1986 through 22 June 1988. Evidence of record shows that the applicants condition existed prior to enlistment and there is nothing in the applicants record to indicate that his condition was aggravated by his military service. The EPSBD determined that the applicant had medical conditions that were...
ARMY | BCMR | CY2008 | 20080009020
The applicant requests, in effect, correction of his 24 February 2005 Physical Evaluation Board (PEB) to show he was medically disabled instead of fit for duty, assign a disability rating, and recommend that he be placed on the permanent disability retired list (PDRL). Army Regulation (AR) 635-40, governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. Soldiers on active duty and RC Soldiers not on active...
ARMY | BCMR | CY1997 | 1997002298
The applicant requests that her records be corrected by changing her DD Form 214 (Report of Separation) item 11 (Primary Specialty) to reflect her award of Military Occupational Specialty (MOS) of 31D (Transmission Systems Operator); that item 14 (Military Education) reflect that she completed an 8 weeks Transmission Systems Course; and that item’s 26 (Separation Code) and 27(Reentry Code) reflect the correct codes. Pertinent Army regulations provide that prior to discharge or release from...