MEMORANDUM OF CONSIDERATION

	IN THE CASE OF 

	BOARD DATE:  7 June 2000
	DOCKET NUMBER:   AR1999032341

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret Patterson		Chairperson	
	Mr. James P. Stueve		Member	
	Mr. Edwin S. Castle		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, physical disability separation or retirement.

APPLICANT STATES:  That she disagrees with the decision of the Physical Evaluation Board (PEB) that found her fit for duty.  They did not take into account her potential for progression.  The Medical Evaluation Board (MEB) found her unfit for duty.  She submits copies of her MEB and PEB results and documents from her military records.

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

She enlisted and entered active duty on 9 April 1987 as an administrative specialist with airborne training option.  She completed training as an administrative specialist but failed to complete airborne training.  She continued on active duty through a series of reenlistments and was promoted to grade E-5 effective 1 September 1992.  On 9 April 1996 she reenlisted for 3 years.

A 5 October 1998 memorandum from her commander to the local medical treatment facility requested she be medically evaluated for continued service.  A 23 November 1998 memorandum from her commander to the commander of the installation hospital requested she be provided MEB/PEB processing because she was unable to perform the military duties of her office or rank as a result of an undetermined physical disability.

The applicant underwent a physical examination on 30 November 1998 for the purpose of a MEB.  The chief complaint was shown as difficulty breathing, chest pain, and inability to pass the run portion of the Army Physical Fitness Test (APFT).

The examination found that she had a history of degenerative joint disease controlled by medication; moderate, persistent asthma and exercise induced asthma controlled by medication; migraine headaches controlled by medication; recent weight loss/gain which was difficult to document but thyroid tests were normal; and treatment for depression related to family problems.

A separate psychiatric evaluation was conducted on 16 April 1999.  The evaluation notes that her history at the mental health clinic started in March 1998 with symptoms of depression, changes in appetite and sleep, fear of losing control, light headedness, and dreams of her own death.  She had declined to attend Basic Noncommissioned Officers Course (BNCOC) because her mother was ill.  Her unit was deciding whether to bar her from reenlisting.  She could not pass the running part of the APFT due to asthma.

The applicant’s clinical history showed that she received psychotherapy and by May 1998 she had decided to separate on reaching her expiration of term of service (ETS) and was attending job fairs.  Her depressive symptoms returned in September 1998 associated with marital discord.  Her new commander was inquiring about an MEB, which she desired.  She was continuing job interviews and attending college.  She was determined to be psychiatrically acceptable for service.

The medical evaluation board was conducted on 20 April 1999.  The diagnosis arrived at was the applicant was medically unacceptable for asthma; medically acceptable for chronic back pain, and medically acceptable for depressive disorder.  She was referred to a PEB.

The 17 May 1999 PEB concluded that the applicant did not have any functional impairment that prevented satisfactory performance of duty.  The PEB recommended that she be returned to duty as fit.  The applicant nonconcurred with the finding and submitted a written appeal on 25 May 1999.  In her appeal she cited her inability to complete several soldier tasks and obtain a passing score on the APFT.

In a 2 June 1999 memorandum to the applicant, the president of the PEB noted that her appeal and the original findings and recommendations were reviewed.  The president of the PEB stated that the original PEB had properly evaluated her case and it would now go forward to the Physical Disability Agency (USAPDA) for further processing.

The USAPDA, in a 23 June 1999 memorandum, found that her case had been properly adjudicated by the PEB and had correctly applied the rules in making its determination.  The PEB’s findings and recommendations were supported by substantial evidence and are therefore affirmed.

The chief of the physical disability branch informed the commander of the local medical treatment facility that the applicant had been found physically fit to perform her duties within the limits of her physical profile.  It goes on to state that if the applicant was scheduled for separation, other than for physical disability, that separation action may continue.

Effective 7 August 1999 the applicant was separated in grade E-5 under the authority of AR 635-200, chapter 4, by reason of completion of required service.  She had 12 years, 3 months, and 29 days creditable service.  Her reentry (RE) code is shown as 1, fully qualified for reenlistment.  There is no evidence of record that she enlisted for continued service in the Reserve Components.

Reviews of the applicant’s last five NCO Evaluation Reports (NCOER) show, in Part IVc., that her weight fluctuated from 155 to 189 pounds but was always found to be within body fat standards.  It also shows that she passed the APFT in October 1994, May 1996, April 1997, and April 1998.  Her NCOER with a through date of May 1998, in Part IVd. (leadership) notes that she refused to attend BNCOC at her scheduled time.  The senior rater noted in his comments that the applicant was fully capable but was ineligible for promotion due to refusal to attend BNCOC.

He final NCOER with a through date of May 1999 notes in Part IVc. (physical fitness) that her profile does not hinder her performance of administrative duties and responsibilities.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, they must be unable to perform the duties of their office, grade, rank or rating.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  

2.  

3.  The applicant did not have any medically unfitting disability that required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

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

__MP__  __JS___  ___EC___  DENY APPLICATION

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

INDEX

CASE ID	AR1999032341	
SUFFIX		
RECON		
DATE BOARDED	20000607	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.