MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           24 JULY 2003                   
	DOCKET NUMBER:   AR2002081935

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Yolanda Maldonado		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 her discharge be changed from uncharacterized to honorable, and the reentry code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "3" to "1."     

APPLICANT STATES:  That she was not in shape when she entered on active duty.  She had been a smoker.  She dropped back on a couple of runs.  She was informed that she had asthma.  She has never had asthma or any other lung problems.  She wants her discharge and reentry code changed so she can go back into the military. 

She submits medical documents dated prior to her enlistment showing the absence of any diagnosis of asthma.  She submits a 26 February 2002 statement from a doctor who stated that the applicant had been his patient since October 1998, and that he was unaware of her having asthma or even asthma like symptoms. 

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

The applicant enlisted in the Army for three years on 4 January 2001.  She was discharged at Fort Leonard Wood, Missouri on 2 February 2001, less than a month after her enlistment, under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards.  Her character of service was uncharacterized, and her reentry code on her DD Form 214 was "3."  The details concerning her separation processing are not available. 

On 30 October 2002, in an unanimous opinion, the Army Discharge Review Board denied the applicant's request to change her character of service on her DD Form 214, stating that such a discharge would have been recommended by an Enlistment Physical Standards Board (EPSB), which would have revealed that she had a medical discharge disqualifying her for enlistment, that competent medical authority would have approved the findings of that board, and that the applicant would have agreed to the findings and the proposed action to administratively separate her from the Army.   

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel from active duty.   Paragraph 5-11 provides for the early separation of those individuals who were not qualified under procurement medical standards, who manifested symptoms of medical problems that would have made them not qualified under procurement medical standards or who became not qualified prior to entry.  Although a soldier in such circumstance has a right to request retention, an individual has no right to be retained.  The retention or separation decision is within the cognizance of the appropriate discharge authority.  Except in certain extraordinary cases, uncharacterized entry level separation is mandatory for all individuals who are in an entry level status (within the first 180 of active duty) at the time separation processing is commenced.
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  A reentry code of “3” indicates that a person is ineligible for reenlistment unless a waiver is granted.  A solider separated from the Army for medical reasons requires a waiver for enlistment.

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.  There is no evidence concerning the applicant's discharge proceedings.  Nevertheless, regularity is presumed.  She has not submitted any evidence to overcome that presumption.  The applicant has submitted neither probative evidence nor a convincing argument in support of her request.   

2.  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 that requirement.

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

__AAO  _  ___JPI __  __YM ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002081935	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030724	
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.	110.00	
2.		
3.		
4.		
5.		
6.