| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that the reason for his separation be changed or a waiver of those disqualifications which preclude reenlistment be granted.
APPLICANT STATES: That the Department of Veterans Affairs recently changed his 30 percent disability rating to zero percent. His test results now show that his lungs are clear. He feels that the high altitude of his duty station played a big part in his departure from the military. In basic training and advanced individual training, at a much lower altitude, he felt pretty good. He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, and his VA Rating Decision dated 9 May 2001 as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 22 July 1996. He completed basic training and advanced individual training and was awarded military occupational specialty 77F (Petroleum Supply Specialist). He was assigned to Fort Carson, CO in July 1997.
The applicant’s Physical Evaluation Board (PEB) paperwork is not available. He was discharged by reason of a physical disability with severance pay on 1 October 1998 and given a reentry (RE) code of 3.
A VA Rating Decision dated 9 May 2001 indicates that the applicant’s current evaluation of exercise-induced asthma of zero percent disabling is continued. His lungs were clear with no rales or wheezes or any abnormalities found.
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.
Title 38, U. S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical
condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved an individual’s medical condition may be given one rating by the Army, with a determination that he is unfit for further military service, and a different rating by the VA.
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 U.S. 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.
RE-3 applies to persons not qualified for continued Army service but the disqualification is waivable.
Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. They are required to process a request for waiver under the provisions of Chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program.
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. In view of the fact that it appears the applicant had exercise-induced asthma that prevented him from performing his military duties at the time of his discharge, the assigned reentry code of RE-3 was and still is appropriate. The applicant was disqualified from reenlistment, but the disqualification is waivable.
3. Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver. The applicant should be aware, however, that the conditions that led to his discharge from the Army for exercise-induced asthma probably still exist. In civilian life, he can control where he lives and how much exercise he chooses to indulge in. He would have no control over these two areas if he should be given a waiver to reenlist.
4. 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
__wtm___ __aao___ __jtm___ DENY APPLICATION
| CASE ID | AR2001058103 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010731 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | 108.00 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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