| Mr. Carl W. S. Chun | Director | |
| Ms. Maria C. Sanchez | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Eric N. Andersen | Member |
APPLICANT REQUESTS: That he be reinstated into the Army Reserve with rank and time in grade.
APPLICANT STATES: That his discharge was in violation of his medical profile (113111). His profile indicated no running, jumping and he was accepted into the unit with this profile.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 26 January 1973 for a period of 3 years. On 9 August 1974, while the applicant was assigned to Company C, 16th Battalion, 4th Brigade at Fort Jackson, South Carolina, he was given a physical profile (113111) due to chronic low back pain. The profile indicated no crawling, stooping, running, jumping, prolonged standing or marching.
On 22 October 1975, the applicant had a medical examination and was qualified for separation with a profile (111111). The applicant was honorably discharged on 19 January 1976.
The applicant had a series of enlistments into the Army National Guard and the Army Reserves. During those enlistments the applicant maintained a physical profile of 111111.
On 16 January 1991, the applicant underwent a medical examination for purposes of enlistment into the Army Reserve. He was found to be medically fit for enlistment.
On 31 July 1991, the applicant enlisted into the Army Reserve for a period of 6 years, in the pay grade E-2. The applicant was assigned to the 801st General Hospital, Ft. Sheridan, Illinois. On 29 April 1994 the applicant was honorably discharged from this unit under Army Regulation 135-178 for repetitive Army Physical Fitness Test (APFT) failures.
Army Regulation 135-178, in effect at the time, served as the authority for enlisted administrative separations for the Army National Guard and the Army Reserve. Chapter 9 of the regulation provided, in pertinent part, that soldiers without medical limitations that have two consecutive failures of the APFT are to be separated.
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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.
2. The applicant’s contentions have been noted by the Board. However, the profile that the applicant submitted in support of his appeal was for his term of enlistment on active duty for the period covering 26 January 1973 through 19 January 1976. At the time of his enlistment in the Army Reserve he underwent a medical examination and was found medically qualified for enlistment.
3. There is no evidence of record to show that the applicant was on a physical profile at the time of his separation from the Army Reserve. The evidence of record clearly shows that the applicant was discharged for repetitive APFT failure.
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
__jhl____ __mkp___ __ena___ DENY APPLICATION
| CASE ID | AR2001058015 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/12/04 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1994/04/29 |
| DISCHARGE AUTHORITY | AR 135-178 |
| DISCHARGE REASON | Repetitive APFT failure |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 189 | 110.0000 |
| 2. 192 | 110.0300 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002074703C070403
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...
ARMY | BCMR | CY2006 | 20060006526C070205
The conditions under consideration were: (a) Left Knee Condition, Degenerative Joint Disease; and (b) Chronic Pain. Army Regulation 135-178, paragraph 12-1, states, in pertinent part, that reserve enlisted soldiers who are no longer qualified for retention by reason of medical unfitness under the standards of AR 40-501, chapter 3 (Medical Fitness Standards for Retention and Separation Including Retirement), will be discharged unless they are granted a waiver of the medical disqualification...
ARMY | BCMR | CY2001 | 2001059470C070421
The applicant provided DA Form 705 (Army Physical Fitness Test Scorecard), dated 22 April 1999, which shows that she passed the APFT and her height was recorded as 69 inches and her weight was recorded as 214 pounds. However, evidence of record shows that the applicant failed to take the APFT for two consecutive years due to a medical profile (May 1996 to April 1997; and May 1997 to April 1998). After review of all evidence in this case, the Board determined that the applicant has not...
ARMY | BCMR | CY2008 | 20080006745
She was advised that she could elect transfer to the Retired Reserve if otherwise eligible based on total qualifying years of service (option 1), that she could elect discharge from the USAR with an honorable discharge (option 2), or that she could elect consideration by a Non-Duty Related Physical Evaluation Board (NDR-PEB) as option 3. The applicant elected consideration by an NDR-PEB (option 3) on 7 March 2005 and sent a letter to the NDR-PEB requesting that she be allowed to continue in...
ARMY | BCMR | CY2012 | 20120004462
On 15 December 1979, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years. Prior to your ETS date, the office personnel are to inform you of this upcoming date and set up a time for you to come in and review your records; this never happened for me." As a result, upon execution of his third contract, he was obligated to serve through 24 September 1997, on which date he had completed 17 years, 9 months, and 10 days of service qualifying for retirement.
ARMY | BCMR | CY2008 | 20080012918
The applicant provides the following documents in support of his claim: DA Forms 3349 (Physical Profile), dated 18 November 1988, 16 May 1990, and 22 May 1990; Department of Veterans Affairs (VA) Rating Decision, dated 16 August 2000; Self-Authored Memorandum, dated 2 May 1990; German Doctors Statement, dated 10 April 1990; Standard Form 519-B (Radiologic Consultation Request/Report); Headquarters, 56th Field Artillery Command Memorandum, Subject: Notification of MOS [Military Occupational...
ARMY | BCMR | CY2007 | 20070003748
The PEB stated that based on a review of the objective medical evidence of record, it found the applicant's medical and physical impairment prevented reasonable performance of duties required by his grade and MOS. The PEB found that his medical and physical impairment prevented reasonable performance of duties required by grade and MOS. The PEB concurred with the MEB's results and recommend separation with severance pay.
ARMY | BCMR | CY2013 | 20130008111
The applicant requests correction of his records to show he was medically retired instead of being discharged from the U.S. Army Reserve (USAR) with a general discharge. In his review of these records, it appears that some of the medical records are missing, specifically the records from the SRP in 2009/2010 recommending that he be medically boarded. On 19 December 2007, he was issued a permanent physical profile for "Asthma."
ARMY | BCMR | CY2006 | 20060013767
After an examination on 25 March 2002, he was medically qualified for enlistment with a 111111 physical profile. Paragraph 4-19b, of Army Regulation 635-40, states that a PEB may decide that a Soldiers physical defect was EPTS, but must then determine whether the condition was aggravated by military service. Army Regulation 600-8-1, paragraph 41-8 states, in pertinent part, that if an EPTS condition was aggravated by military service, the finding will be in the line of duty.
ARMY | BCMR | CY2005 | 20050008117C070206
He goes on to state that had the military done an MRI and discovered his real problem, he would have been able to complete his enlistment. He also states that his record of service will bear out that he was not an unsatisfactory Soldier, but his medical condition prevented him from passing the Army Physical Fitness Test (APFT). As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's...