MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 16 October 2003
                  DOCKET NUMBER: AR2003089424

         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. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry		Member
Ms. Mae M. Bullock		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)

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APPLICANT REQUESTS: In effect, that the narrative character of his service be changed from uncharacterized to honorable, and that the narrative reason for separation be changed from, "Failure to Meet Procurement Medical Fitness Standards," to a medical discharge.

APPLICANT STATES: In effect, that the medical or physical problems that he had impaired his ability to serve. He tried to serve and wanted to but just couldn't or wasn't able to. He further states that he should have received a medical discharge because he was not medically qualified to serve.

The applicant submitted the following documents in support of his appeal: a copy of a DD Form 689, Individual Sick Slip, dated 19 June 2002; a copy of a DA Form 3349, Physical Profile, dated 19 June 2002; an article about his enlistment in the US Army Reserve taken from the Suncoast News, dated 29 September 2001; an article about his enlistment in the Regular Army and his entry on active duty taken from the Pasco Time, dated 2 June 2002; a copy of a publication prepared by the Veterans Education Project and the National Veterans Legal Services Project, titled, "Self-Help Guide to Discharge Upgrading"; and a copy of three letters in reply to the applicant from the Department of Veterans Affairs pertinent to claims made with that agency by the applicant, dated 6 September, 20 September, and 26 September 2002.

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

On 3 July 2001, the applicant enlisted in the US Army Reserve Delayed Entry / Enlistment Program. On 30 May 2002, the applicant enlisted in the Regular Army for a period of 4 years for training and assignment in the Career Management Field 11 (Infantry) and with an additional guarantee of attending airborne training.

The applicant enlisted in the Reserve with a commitment for training and assignment in the military occupational specialty (MOS) 55B (Ammunitions Specialist). On the date of his enlistment in the Regular Army, the applicant requested and received a change in the commitment for training and assignment in the MOS 11B, (Light Weapons Infantryman). This change is documented in USAREC Form 1150-R-E, Statement of Understanding – Army Policy, USAREC Addendum to DD Form 1966 Series, signed by the applicant on 3 July 2001.

On 19 June 2002, while at Fort Benning, Georgia, for basic combat training, the applicant was examined because he was experiencing pain in his right hand. He was diagnosed by medical personnel as having no knuckles in the fingers of his right hand. The applicant was found to be unable to grip a rope, bars, and the

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pistol grip of an M-16 rifle. The applicant submitted a copy of the DD Form 689, dated 19 June 2002, containing this diagnosis in his appeal to this Board.

The DA Form 3349 that the applicant submitted with his appeal describes the medical condition, in Item 1 (Medical Condition) as, "fused joints, both, 3rd, 4th & 5th digits." The applicant was given a three under the U [upper extremities] of the Physical Profile Serial and was given assignment limitations of, no lifting, climbing, and grasping. In Item 9 (Other), the profiling officer entered the acronym, "EPTS" (existed prior to service).

The Remarks section of the above referenced individual sick slip indicates that, in effect, an EPTS [separation] had been initiated and that a permanent profile had been imposed on the applicant.

The "separation packet" is not available for the Board's review. The applicant’s record is void of the facts and circumstances concerning events that led to his discharge from the Army.

On 30 July 2002, the applicant was discharged with an uncharacterized discharge for failure to meet procurement medical fitness standards in the rank and pay grade, Private, E-2. On his discharge date, the applicant was credited with 2 months and 1 day active military service. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates in Block 21 (Signature of Member Being Separated), "Soldier not available to sign." This indication was made because the applicant had accepted his separation and had departed Fort Benning on excess leave.

Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5 contains policies and procedures for the voluntary and involuntary separation of soldiers for the convenience of the Government. Paragraph 5-11 establishes the policies and procedures for the separation of soldiers who did not meet procurement medical fitness standards and for soldiers who are found after entry on active duty not to have qualified under procurement medical fitness standards at the time of enlistment

Section II, in the Glossary of AR 635-200, defines the term, "Entry-level status" to mean, for Regular Army soldiers, ". . . the first 180 days of continuous AD [active duty] . . . ."

AR 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. Chapter 5, paragraph 5-1b, of this regulation states that this chapter is applicable to enlisted soldiers on active duty for more than 30 days.

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AR 40-501, chapter 7, physical profiling, provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric. Numerical designator 1 under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment. Numerical designators 2 and 3 indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty. The individual should receive assignments commensurate with his or her functional capacity. Numerical designator 4 indicates that an individual has one or more medical conditions or physical defects of such severity that performance of military duty must be drastically limited.

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. On the date of his discharge, the applicant had completed fewer than 180 days active duty in the Regular Army and therefore did not qualify for other than an uncharacterized discharge.

2. The applicant was diagnosed with a medical condition that existed prior to his entry on active duty when he had completed only 21 days service. The applicant was therefore not eligible for processing for separation under the provision of
AR 635-40.

3. The Board noted that the applicant’s record contains a properly constituted DD Form 214. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. The Board is convinced that the reason for discharge and the characterization of service were proper and equitable.

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.

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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

___mb __ __hof ___ ___ao___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2003089424
SUFFIX
RECON
DATE BOARDED	2003/10/16
TYPE OF DISCHARGE	UNCHAR
DATE OF DISCHARGE	20020730
DISCHARGE AUTHORITY	AR 635-200, Chapter 5
DISCHARGE REASON	Failure to meet procurement medical fitness standards.
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 189	110.0000
2. 191	110.0200
3.
4.
5.
6.