MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 February 1999                  
	DOCKET NUMBER:   AR1999018108

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Samuel Calderon		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 records be corrected to show her character of service as honorable.

APPLICANT STATES:  That her short time in service was due to circumstances beyond her control and she cannot receive assistance from her county service organization.

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

She enlisted and entered active duty on 22 July 1993.  She attended fitness training until 18 August 1993 and began basic training on 20 August 1993.

On 17 August and 2 September 1993 she underwent pulmonary function tests.  The results of both tests provided an interpretation of “Mild obstructive pulmonary impairment.”

An entrance physical standards board (EPSB) proceedings, dated 28 September 1993, states that the applicant was given a permanent physical profile of 3 for limited physical capacity or stamina caused by asthma which was considered to have existed prior to service (EPTS).  The recommendation of the examining physician was that she should be separated for failure to meet medical procurement standards.

The director of clinical services approved the findings of the EPSB and on 1 October 1993, after being advised of her rights, the applicant concurred in the recommendation and requested discharge without delay.  On 7 October 1993 the separation authority approved the recommendation and directed she be discharged.

The applicant was separated from active duty on 15 October 1993 with 2 months and 24 days creditable service for failure to meet procurement medical fitness standards.  Her character of service is shown as “Uncharacterized”.

Army Regulation 635-200, chapter 5, provides for the separation of enlisted personnel for the convenience of the government, to include an uncharacterized description of service, if in an entry level status.  Medical authorities must identify that a disqualifying condition existed within 6 months of entry on active duty.  Soldiers with disqualifying defects may be retained if it is determined that the condition will not prevent the soldier from performing throughout their period of enlistment and the soldier requests to be retained despite the medical condition.

On 10 July 1996 the Army Discharge Review Board, in a unanimous decision, voted to deny the applicant her request for characterization of her discharge.

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 the aforementioned requirement.

2.  She was on active duty from 22 July to 15 October 1993, a total of 2 months and 24 days.  Shortly after entrance on active duty, competent medical authority determined that the applicant was medically unfit for entrance on active duty due to a medical condition that was neither incurred in nor aggravated by active military service.  The applicant concurred and requested discharge without delay. Accordingly, the applicant was discharged.

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

__JMA___  __JLP___  __SC____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018108	
SUFFIX		
RECON		
DATE BOARDED	199902225	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19931015	
DISCHARGE AUTHORITY	AR 635-200 Para 5-11.  .  .  .  .  	
DISCHARGE REASON	A93.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.