MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           6 July 2000                   
	DOCKET NUMBER:   AR2000035668

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler 		Chairperson	
	Mr. Ernest M. Willcher 		Member	
	Mr. John P. Infante 		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, the applicant requests a waiver of her medical condition in order to enter the Army.  

APPLICANT STATES:  In effect, the applicant contends that she did not consent to be released from active duty in 1990, that she was never given a reason for her separation, and that she did not have a medical review board.  She states that she is being unfairly denied a waiver to enter on active duty.

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

The applicant entered on active duty on 22 March 1990 and assigned to Fort Jackson, South Carolina for training.

A 16 April 1990 medical report diagnosed the applicant’s condition as severe anemia.  A 30 April 1990 medical report indicates that the applicant should be separated from the Army, and that she should have no physical training or exertion.

On a 1 May 1990 DA Form 4707 (Entrance Physical Standards Board Proceedings) a doctor indicated that the applicant had an EPTS (Existed Prior To Service) condition of recurrent dysfunctional uterine bleeding since 1988, secondary anemia.  He stated that she had severe anemia, and recommended that she be separated from the Army for failure to meet medical procurement standards.  He stated that she did not meet the medical standards for retention in the Army.  She was given a physical profile serial of 3 1 1 1 1 1, with no crawling, stooping, running, jumping, marching or standing for long periods; no strenuous activity; and no assignment to units where loss of consciousness would be dangereous to self or others, working on scaffolding, vehicle driving, handling ammunition, or near moving machinery.  The medical authority approved that recommendation.  

On 2 May 1990 the applicant’s commanding officer stated that he had counseled the applicant and she had requested to be retained in the Army.  He recommended that she be separated.  A trainee medical retention board recommended that the applicant be separated under the provisions of Army Regulation 635-200, paragraph 5-11.

On 8 May 1990 the separation authority directed that she be discharged from the Army.  The applicant was discharged on 17 May 1990.  She had 1 month, and   26 days of service.  Her DD Form 214 shows a reentry code of RE 3.  Her character of service was uncharacterized.
  
On 22 September 1998 a Member of Congress was advised that the applicant’s medical condition had been reviewed by a medical review board prior to her separation from the Army and found her medically disqualified for continued service, and discharged her with a reentry eligibility code of 3.  That discharge required a medical waiver request to be reviewed by the Army Recruiting Command Surgeon, who was the approval authority for those type of requests.  That Member of Congress was further advised that at that time, the applicant was working with the Army recruiting station for testing requirements prior to preparation of her medical waiver request, that she would be given all due consideration, but that the Command Surgeon’s decision was final and not subject to appeal. 

A 1 February 1999 clinical record shows that the applicant’s request for a medical waiver had been reviewed and disapproved by the Army Recruiting Command Surgeon.  

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel from active duty.  Paragraph 5-11 provides for the early separation (within the first six months) of those individuals who were not qualified under procurement medical standards, who manifested symptoms of medical problems that would have made them not qualified under procurement medical standards or who became not qualified prior to entry.  Although a soldier in such circumstance has a right to request retention, an individual has no right to be
retained.  The retention or separation decision is within the cognizance of the appropriate discharge authority.  Except in certain extraordinary cases,
uncharacterized entry level separation is mandatory for all individuals who are in an entry level status (within the first 180 of active duty) at the time separation
processing is commenced.

Army Regulation 601-210 governs the eligibility criteria, policies, and procedures for enlistment into the Regular Army.  Paragraph 4-9 states in pertinent part that a waiver is required for any applicant who was last separated from any component of the Armed Forces for failure to meet procurement medical standards.  Approval authority for medical waivers is the Commanding General, Army Recruiting Command.  The Army Recruiting Command Surgeon will act on his behalf for all medical waivers.

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.  The applicant was not medically qualified for enlistment in the Army by qualified medical personnel in 1990, and again in 1999.  She has not submitted any evidence to the contrary. 

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of her request.   

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 that 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

___cmf__  ___emw__  ___jpi___  DENY APPLICATION

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

INDEX

CASE ID	AR2000035668	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  360	110.03	
2.	124.00	
3.		
4.		
5.		
6.