MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 December 2000                  
	DOCKET NUMBER:   AR2000041747

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		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: That the reason for his disenrollment from the Reserve Officers Training Corps (ROTC) program be changed to a medical reason and that his ROTC debt be forgiven.

APPLICANT STATES: That while in the ROTC program he suffered from anemia, but it is now under control.  He also stated that he should have been allowed to remain in the ROTC program, but if he was unable to perform, he should have been given a disenrollment based on medical reasons.

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

In 1992 the applicant was awarded a four year ROTC scholarship.  On 1 October 1992 he was enrolled in the ROTC program at Tuskegee University.

On 19 June 1995, the applicant was given a physical examination at a military medical facility.  The stamp while not clearly readable appears to indicate that the applicant was found medically qualified for attendance at airborne, or ranger school and by implication ROTC Advanced Camp.

On 26 June 1995, the applicant was recommended for release from Advanced ROTC for failing his Army physical fitness test (APFT) re-test.

On 26 October 1995, he was given another physical examination.  The applicant was found medically qualified for receipt of scholarships, appointment, combat arms assignments, and attendance at the basic or advanced course, or attendance at the air assault, airborne, or ranger schools.

On 30 November 1995, the applicant submitted a statement to a board of officers that convened to determine his suitability for retention in the ROTC program.  The applicant stated he had recently been told that he might have to give up his military career.  He was upset because he would be losing the three years he had put into the ROTC program.  The problem had come from an illness of anemia that has since been corrected.  He was aware that the APFT failures were a breach of contract, however he had visited a doctor, taken medication and gotten back in shape.  He pointed out that in October 1995 he passed the initial APFT.  He stated that he would like to make a future career of the military.

The board of officers found that the applicant breached his contract by failing his APFT on 21 & 26 June 1995 while attending ROTC Advanced Camp.  These failures led to his release from the advanced camp. They noted that he was diagnosed with microcytic anemia several months after his release from advanced camp; that he met the medical fitness standards prescribed in Army Regulation 40-501, Chapter 2, and that with proper exercise and training he was able to pass the APFT.  The board determined that the applicant’s case of microcytic anemia was a temporary or remedial disqualifying medical condition and that he should not be disenrolled from the Army ROTC program.  The board recommended to the professor of military science that the applicant be approved by the appropriate authority to participate in advanced camp training for reevaluation in the summer of 1996, since he was medically cleared.  The professor of military science concurred with the board’s recommendation not to disenroll the applicant and that he should be allowed to attend Advanced Camp in 1996.

On 9 June 1996, Cadet Command overruled the board of officer’s recommendation and rendered a decision to disenroll the applicant from the ROTC program.  In their decision they noted that the applicant was determined medically qualified for participation at advanced camp.  The case file did not contain medical information to support the applicant’s claim that he was ill prior to advanced camp participation.  The applicant was not diagnosed with anemia until sometime (August 1995) after his camp participation; and finally a review of his records indicated that the applicant had a history of APFT failures. 

The applicant’s record indicated that on occasion he did pass the run portion of the APFT.  However, his records also indicate that he failed the run portion of the APFT on 30 February 1993, 18 November 1994, 3 March 1995, 28 March 1995,  12 April 1995, and 11 September 1995.

On 20 March 1997, the applicant was disenrolled from the ROTC program.

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 asked the Board to consider disenrolling him from ROTC for having a disqualifying medical condition.  However, the available records show that he was medically cleared prior to and after attendance at ROTC Advanced Camp in 1995.  His medical condition of microcytic anemia was considered by the board of officers and the Cadet Command and rejected by both as the primary reason for his failure of the run portion of the APFT.  The Cadet Command noted that the applicant had failed the run portion of the APFT several times over several years prior to attendance at advanced camp.  The Cadet Command was within its authority and appears to have fairly considered the applicant’s ROTC and medical records in reaching their decision to recommend his disenrollment for breach of contract.

2.  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.

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:

_rvo ____  ____ewl_  ___jpi ___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000041747	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001207	
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.	110.00	
2.		
3.		
4.		
5.		
6.