| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Mark D. Manning | Chairperson | |
| Mr. Lester Echols | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show he was not discharged due to a physical disability that existed prior to entry in the service (EPTS).
APPLICANT STATES: That he did not have asthma when he went into the service or when he was discharged in June 1956. He was put out of the service for a medical problem he did not have. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army National Guard on 30 October 1952. He was discharged on 28 June 1953 for the purpose of enlisting in the Regular Army on 29 June 1953. He was released from active duty on 28 June 1956. He re-entered the Army National Guard and was discharged on 23 November 1960. It appears he never served on active duty while in the Army National Guard.
On 10 September 1963, the applicant reenlisted in the Regular Army.
On 10 September 1963, the applicant requested discharge for a physical disability that, based upon preliminary findings, rendered him unfit for retention and which appeared to not have been incident to, or aggravated by, prior or subsequent military service. He certified that he understood he was entitled to consideration of his case by a physical evaluation board; however, he elected not to exercise that right.
On 17 December 1963, the applicant completed a Personal History Questionnaire, Fort Riley Form FL 126. The questionnaire was designed to help “us” (“us” is not identified but presumably was a medical department at Fort Riley, KS) understand the applicant and his problems. In item 7, he noted that he had asthma attacks in January 1956, August – September 1956, November 1957, and June 1959. In February 1962, he spent 15 days in an oxygen tent. In August 1962, he spent 4 days in an oxygen tent. In item 8t, he noted that he wanted out and the right to go to a Veterans Administration hospital and get medical care when he needed it for his asthma.
The applicant’s service medical records are not available.
The applicant’s records contain a copy of a 24 February 1964 memorandum, Subject: Transmittal of Medical Board Proceedings; however, no medical board proceedings are available.
On 3 March 1964, the applicant was discharged by reason of a physical disability EPTS.
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.
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. 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.
2. The available evidence of record indicates the applicant himself requested separation due to asthma. He was entitled to request consideration of his case by a physical evaluation board but it appears he elected not to exercise that right. In the absence of evidence to the contrary, administrative regularity in the applicant’s discharge and reason for discharge is presumed.
3. 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
__mdm___ __le____ __kyf___ DENY APPLICATION
| CASE ID | AR2002068291 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020523 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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