MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 July 2001                   
	DOCKET NUMBER:   AR2001054692

	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. Edmund P. Mercanti		                         Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Eric N. Andersen		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 his discharge due to entry level status performance and conduct be corrected to a medical discharge, and that his characterization of service be corrected from uncharacterized to honorable.

APPLICANT STATES:  In effect, that he was discharged because his asthma precluded him from passing the Army Physical Fitness Test (APFT).  Since his asthma has been accepted as service connected by the Department of Veterans Affairs (DVA), he should have been honorably discharged for his service connected disability.

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

The applicant enlisted in the Regular Army on 27 November 1995.  While in his initial entry training, he failed his APFT on 20, 21 and 23 February 1996; 8, 27 and 29 March 1996; and 22, 23 and 29 April 1996.

In a letter dated 3 April 1996 it was requested that the applicant be held over his departure date for 15 days to allow him to pass the APFT.  In that letter it was stated that the applicant was on physical profile restrictions starting on 28 March 1996 (the physical profile referenced in this letter is not included in the applicant’s Military Personnel Records Jacket or Official Military Personnel File).

On 15 May 1996 the applicant’s commander notified him that he intended to recommend his discharge for entry level status performance and conduct due to his inability to pass the APFT.

On 4 June 1996 the applicant was given an uncharacterized discharge for entry level status performance and conduct.

Pertinent Army regulations provide for the separation, in an entry level status, of personnel who are recommended for separation during their initial 180 days of active duty or, in the case of reservists, prior to their completion of initial active duty for training and award of an military occupational specialty (MOS), usually due to their inability to complete their training.  These personnel are given an uncharacterized discharge, unless they are being discharged for misconduct wherein a discharge under other than honorable conditions is warranted.  An honorable discharge will be granted to personnel in an entry level status only if their service is so outstanding as to warrant an exception to policy by the service secretary concerned.

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.  While the applicant was given physical profile restrictions, there is no indication that those restrictions were permanent or were medically disqualifying.  To the contrary, the fact that he was held beyond his release date and was given APFT’s subsequent to the issuance of the physical profile would indicate that the profile had expired and the applicant had been returned to full duty.

2.  Be that as it may, the applicant failed his APFT five times prior to him receiving his physical profile.  That would be sufficient justification to discharge him for entry level status performance and conduct.  But it appears that his command retained him in his training status until his physical profile restrictions were lifted to give him another chance at passing the APFT.

3.  The fact that the DVA granted the applicant service connection for asthma has no bearing on the applicant’s request.  Whether he had asthma or not or whether the asthma was service connected would only be germane if it was determined to be medically disqualifying.  It was not.

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 __  __hof__ _  ____ena _  DENY APPLICATION

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

INDEX

CASE ID	AR2001054692	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010726	
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.	108.05	
2.		
3.		
4.		
5.		
6.