MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            4 December 2001
	DOCKET NUMBER:   AR2001058015

	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	
	Ms. Maria C. Sanchez		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		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 he be reinstated into the Army Reserve with rank and time in grade.

APPLICANT STATES:  That his discharge was in violation of his medical profile (113111).  His profile indicated no running, jumping and he was accepted into the unit with this profile.

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

The applicant enlisted in the Regular Army on 26 January 1973 for a period of 3 years.  On 9 August 1974, while the applicant was assigned to Company C, 16th Battalion, 4th Brigade at Fort Jackson, South Carolina, he was given a physical profile (113111) due to chronic low back pain.  The profile indicated no crawling, stooping, running, jumping, prolonged standing or marching.

On 22 October 1975, the applicant had a medical examination and was qualified for separation with a profile (111111).  The applicant was honorably discharged on 19 January 1976.  

The applicant had a series of enlistments into the Army National Guard and the Army Reserves.  During those enlistments the applicant maintained a physical profile of 111111.

On 16 January 1991, the applicant underwent a medical examination for purposes of enlistment into the Army Reserve.  He was found to be medically fit for enlistment.

On 31 July 1991, the applicant enlisted into the Army Reserve for a period of 6 years, in the pay grade E-2.  The applicant was assigned to the 801st General Hospital, Ft. Sheridan, Illinois.  On 29 April 1994 the applicant was honorably discharged from this unit under Army Regulation 135-178 for repetitive Army Physical Fitness Test (APFT) failures.

Army Regulation 135-178, in effect at the time, served as the authority for enlisted administrative separations for the Army National Guard and the Army Reserve.  Chapter 9 of the regulation provided, in pertinent part, that soldiers without medical limitations that have two consecutive failures of the APFT are to be separated.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The applicant’s contentions have been noted by the Board.  However, the profile that the applicant submitted in support of his appeal was for his term of enlistment on active duty for the period covering 26 January 1973 through 19 January 1976.  At the time of his enlistment in the Army Reserve he underwent a medical examination and was found medically qualified for enlistment.  

3.  There is no evidence of record to show that the applicant was on a physical profile at the time of his separation from the Army Reserve.  The evidence of record clearly shows that the applicant was discharged for repetitive APFT failure.

4.  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

5.  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

__jhl____  __mkp___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058015	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/04	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1994/04/29	
DISCHARGE AUTHORITY	AR 135-178	
DISCHARGE REASON	Repetitive APFT failure	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  192	110.0300	
3.		
4.		
5.		
6.