MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 December 1998
	DOCKET NUMBER:   AC98-11250

	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. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern		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)

APPLICANT REQUESTS:  That her honorable discharge from the USAR due to medical disqualification be voided; that she be restored to a duty status in the USAR; that she be scheduled for a medical evaluation board (MEB); that she be given physical profile restrictions; and that she be allowed to complete her career in the USAR.

APPLICANT STATES:  That she was determined medically disqualified on the basis of only one physician’s letter.  She was never given a physical examination as required by regulation, nor was she considered by a MEB and physical evaluation board (PEB) to determine whether she was fit for duty with her medical disqualification.

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

She enlisted in the USAR on 20 March 1981 in pay grade E-1.  She served continuously through reenlistments, being promoted to pay grade E-5.

While serving as a patient administration NCO at a USAR hospital, the applicant submitted a letter from a physician who stated that she suffered from allergic rhinitis, asthma and exercise induced bronchospasm.  The physician stated that her asthma was poorly controlled with daily applications of four different medications, some of which required multiple daily applications.  The physician stated that the applicant needed to be limited to minimal physical activity, including no running or jogging.

The physician’s letter was forwarded to her unit’s Regional Support Command’s Surgeon who determined that the applicant was medically disqualified for retention.  When the applicant was notified of that determination, she requested a waiver of her medical disqualification.

Her request was forwarded to the Army Reserve Personnel Center (ARPERCEN) Command Surgeon who denied her request for waiver.

Accordingly, on 4 June 1997 the applicant was honorably discharged due to medical disqualification.

Army Regulation 40-501, paragraph 3-27a, specifies that asthma of sufficient severity to interfere with satisfactory performance of duty, or with frequent attacks not controlled by oral medication, is disqualifying for retention.  Chapter 9 of this regulation provides the guidance for providing physical examinations to reservists who are not on extended active duty.  This chapter does not provide for giving a reservist consideration by an MEB or PEB for a non-service related disability.
Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel in the USAR.  Paragraph 12-1 prescribes the procedures for separating members for medical disqualification.  This paragraph requires a member who is determined to be medically disqualified for retention to be discharged or transferred to the USAR Control Group (Retired) (regardless of years of service), unless the member requests, and is granted, a waiver.

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 would only be entitled to a physical examination if the reviewing officials could not make a determination concerning her medical qualification for retention.  A reservist is not entitled to a physical examination on demand.

2.  Likewise, she was not entitled to an MEB or PEB.  An MEB and PEB are reserved for active duty personnel or reservists who are disabled in line of duty.

3.  The applicant was properly determined medically disqualified for retention and had her request for waiver denied.  As such, her discharge was proper and there is no reason it should be voided.

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

_JH_____  _FNE___  _TBR          DENY APPLICATION

						Loren G. Harrell
						Director

CASE ID	AC98-11250	
SUFFIX		
RECON		
DATE BOARDED	1998 December 9	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1997 June 4	
DISCHARGE AUTHORITY	AR .135-178	
DISCHARGE REASON	Medically Unfit	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
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