MEMORANDUM OF CONSIDERATION

	IN THE CASE OF 

	BOARD DATE:            18 August 1999    
	DOCKET NUMBER:   AR1999018390

	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	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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:  In effect, disability retirement or separation.

APPLICANT STATES:  In effect, that he should have received a disability separation because he was unable to pass the Army’s PT test because of the pain he experienced in his knees and feet while running.  He indicates that he sought medical help but his condition was not taken into consideration.  The applicant states that if his discharge was changed to show he was separated because of disability he would be able to obtain his VA educational benefits.  He submits no evidence to support his request.

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

He entered active duty on 21 March 1996 and was honorably discharged as a result of unsatisfactory performance on 8 July 1997 under the provisions of Army Regulation 635-200, Chapter 13.

Records available to the Board contain neither documents associated with his administrative separation proceedings nor any medical documents.

Army Regulation 635-200, chapter 13, provides for the administrative separation of soldiers who will not develop sufficiently to participate satisfactorily in further training and/or it is likely that the circumstances forming the basis for initiation of separation proceedings will continue or recur and the ability of the soldier to perform duties effectively in the future, including potential for advancement or leadership is unlikely.  Only soldiers who meet retention medical standards may be processed under these provisions.

Army Regulation 350-15, which outlines the policies and procedures for the Army Physical Fitness Program, states that soldiers without medical profiles, who repeatedly fail the annual PT test will be either barred from re-enlistment or processed for separation from the service.  Enlisted soldiers are separated under the provisions of Army Regulation 635-200 while officers are separated under Army Regulation 635-100.  A repetitive failure occurs when a record test is taken and failed, the solider is provided adequate time and assistance to improve his or her performance, and failure occurs again.

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.  Although documents associated with the applicant’s separation processing are not in records available to the Board if he were separated because of repetitive failures of the PT test there would have been sufficient checks and balances in the separation process which would have precluded separation if his failure of the PT test was actually related to any medical conditions.
2.  The applicant has provided no evidence that he had any medical condition, which would have prevented satisfactory performance during physical training, and as such there would have been no basis for disability processing.

3.  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.

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

__rvo___  __ew____  __svw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018390	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 108.00		
2.		
3.		
4.		
5.		
6.