MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 May 2002                   
	DOCKET NUMBER:   AR2002068291

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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, that his records be corrected to show he was not discharged due to a physical disability that existed prior to entry in the service (EPTS).

APPLICANT STATES:  That he did not have asthma when he went into the service or when he was discharged in June 1956.  He was put out of the service for a medical problem he did not have.  He provides no supporting evidence.

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

He enlisted in the Army National Guard on 30 October 1952.  He was discharged on 28 June 1953 for the purpose of enlisting in the Regular Army on 29 June 1953.  He was released from active duty on 28 June 1956.  He re-entered the Army National Guard and was discharged on 23 November 1960.  It appears he never served on active duty while in the Army National Guard.

On 10 September 1963, the applicant reenlisted in the Regular Army.  

On 10 September 1963, the applicant requested discharge for a physical disability that, based upon preliminary findings, rendered him unfit for retention and which appeared to not have been incident to, or aggravated by, prior or subsequent military service.  He certified that he understood he was entitled to consideration of his case by a physical evaluation board; however, he elected not to exercise that right.  

On 17 December 1963, the applicant completed a Personal History Questionnaire, Fort Riley Form FL 126.  The questionnaire was designed to help “us” (“us” is not identified but presumably was a medical department at Fort Riley, KS) understand the applicant and his problems.  In item 7, he noted that he had asthma attacks in January 1956, August – September 1956, November 1957, and June 1959.  In February 1962, he spent 15 days in an oxygen tent.  In August 1962, he spent 4 days in an oxygen tent.  In item 8t, he noted that he wanted out and the right to go to a Veterans Administration hospital and get medical care when he needed it for his asthma.

The applicant’s service medical records are not available.

The applicant’s records contain a copy of a 24 February 1964 memorandum, Subject:  Transmittal of Medical Board Proceedings; however, no medical board proceedings are available.

On 3 March 1964, the applicant was discharged by reason of a physical disability EPTS.  

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.

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.  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.

2.  The available evidence of record indicates the applicant himself requested separation due to asthma.  He was entitled to request consideration of his case by a physical evaluation board but it appears he elected not to exercise that right. In the absence of evidence to the contrary, administrative regularity in the applicant’s discharge and reason for discharge is presumed.  

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __le____  __kyf___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068291	
SUFFIX		
RECON		
DATE BOARDED	20020523	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.