MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          7 October 2003      
		DOCKET NUMBER:  AR2003086014

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Robert Duecaster		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 permanent "2" profile under upper extremities be changed to "3."

APPLICANT STATES:  That he believes the injuries sustained during his active duty service were imminent and they have interfered with his current work and daily life.  In support of his application, he submits a copy of DA Form 3349 (Physical Profile), dated 13 January 2000. 

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

The applicant enlisted on 29 July 1997 for a period of 3 years.  He successfully completed basic and advanced individual training in military occupational specialty 92Y (unit supply specialist).

The applicant's service personnel records show that he fractured his right elbow on 7 May 1999 while playing basketball.  He was issued a permanent "2" profile under upper extremities by competent medical authorities (i.e. the brigade surgeon and the division surgeon) on 13 January 2000 for a right elbow fracture.

On 28 July 2000, the applicant was released from active duty for completion of required active service.

There is no evidence in the available records which shows the applicant's permanent "2" profile under upper extremities was amended or reviewed by a physical profile board prior to his release from active duty.  

Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  

Army Regulation 40-501 also states, in pertinent part, that a permanent profile may only be awarded or changed by an authorized profiling officer and that changing from or to a permanent numerical designator "3" or "4" requires a physical profile board. 
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 Board considered the applicant's request that his permanent "2" profile under upper extremities be changed to "3."  However, the applicant has provided no evidence to show that this profile was unjust or in error.  

3.  On 13 January 2000, the applicant was issued a permanent "2" profile under upper extremities by competent medical authorities.  There is no evidence that his permanent "2" profile was amended or reviewed by a physical profile board prior to his release from active duty.  Therefore, the Board determined that 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

FNE____  SP______  RD______  DENY APPLICATION

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

INDEX

CASE ID	AR2003086014	
SUFFIX		
RECON		
DATE BOARDED	20031007	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.0100	
2.		
3.		
4.		
5.		
6.