MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 April 2002
         DOCKET NUMBER: AR2001063983

         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas E. O'Shaughnessy		Member
Mr. Hubert O. Fry		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)

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APPLICANT REQUESTS: That his uncharacterized discharge be changed to
honorable or by reason of physical disability.

APPLICANT STATES: That medical officials diagnosed him as having asthma;
however, he had no prior diagnosis and that the Army chose to discharge him in the most convenient way. He also states that the Army did not investigate any of the symptoms reported by him during his sickcall visits and that no lab work or
x-rays were performed even though he reported symptoms of shortness of breath, severe diarrhea, bloodshot eyes, flushing of the face and neck, and numbness in his tongue and lips. Several attempts toward his Army Physical Readiness Test (APRT) were made; however, he had difficulty in passing the APRT due to his asthma and was informed that he would be discharged with an existed prior to service (EPTS) condition. He was later diagnosed with cancer by an Ear, Nose and Throat (ENT) physician, which was confirmed by an endocrinologist. The ENT physician was astounded when he read the medical report and that there were no x-rays taken with a diagnosis of asthma.
He underwent extreme stress and physical endurance while suffering with a serious illness and was very disappointed to receive an “uncharacterized” discharge. In support of his application, he submits copies of: a personal statement; a DD Form 214 (Certificate of Release or Discharge from Active Duty); medical statement; medical journal; chronological list of events; entrance physical; DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings; computerized tomography (CT) scan; echocardiography report; Cary radiology report; and a copy of his leave and earnings statement (LES).

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

The applicant provided a copy of his entrance examination, dated 12 February 2000, which was prepared prior to his entrance on active duty, which shows that he was qualified for enlistment with a 111111 physical profile.

He enlisted on 22 February 2000 as a light weapons infantryman.

The applicant provided a copy of his EPSBD Proceedings which shows that he was diagnosed as having asthma. The EPSBD indicated that the applicant did not meet medical fitness standards for enlistment or induction under the provisions of Army Regulation 40-501, chapter 2, paragraph 2-23d. The EPSBD also indicated that the applicant’s EPTS condition was not service aggravated and that he did not meet retention standards under the provisions of Army Regulation 40-501, chapter 3. It was recommended that he be separated from the service under the provisions of Army Regulation 635-200, paragraph 5-11. The applicant concurred with the recommendation of the EPSBD and requested to be discharged.

His DD Form 214 shows that on 28 August 2000, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards. He was furnished an uncharacterized discharge. He had a total of 8 months and 28 days of creditable service.

The applicant provides copies of follow up civilian medical treatment and diagnoses following his separation. These diagnoses reflect findings of: 1) mild pulmonic (pertaining to the lung/pulmonary artery) regurgitation (the backflow of blood from the pulmonary artery into the right ventricle, owing to imperfect function of the pulmonic semilunary (resembling a crescent, or half moon) valve in October 2000; 2) bronchitis (Inflammation of the bronchial tubes) in July 2001; and 3) and malignant carcinoid syndrome (the constellation of symptoms typically exhibited by patients with metastases (the transfer of disease from one organ or part to another not directly connected with it) from carcinoid tumors) in August 2001. The only unfitting condition would have been the malignant carcinoid syndrome.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 3 October 2001. The ADRB determined that his
discharge was proper and equitable and denied his request on 23 January 2002.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Paragraph 5-11 specifically provides that soldiers who were not medically qualified under procurement medical fitness standards when accepted
for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be
separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition
would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at the time, and the medical condition does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for soldiers separated under this provision will normally be honorable, but will be uncharacterized if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

Army Regulation 40-501 governs medical fitness standards for induction, enlistment, appointment, retention, separation, retirement, officer procurement programs and related policies and procedures. Paragraph 2-23d pertains to asthma, including reactive airway disease, exercise induced bronchospasm
or asthmatic bronchitis, reliably diagnosed at any age.



Paragraph 2-40b(5) of the regulation also states that malignant tumors diagnosed by accepted laboratory procedures, and even though surgically removed or otherwise treated, are causes for rejection. Individuals who have a history of malignant tumors of the gastrointestinal tract, liver, bile ducts, or pancreas are unfit for acceptance into the Army.

Army Regulation 40-501, at chapter 3, provides standards for medical retention. Basically, members with conditions as severe as listed in this chapter are considered medically unfit for retention on active duty.

Army Regulation 635-40, chapter 5, provides, in pertinent part, that if a soldier is processed for failure to meet procurement medical fitness standards within the first six months of entry on active duty and the condition existed prior to the term of service, then the soldier will be discharged in an entry level status with uncharacterized service.

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. The Board notes the applicant’s contention; however, he was diagnosed as having asthma and appeared before an EPSBD which indicated that he did not meet medical fitness standards for enlistment or induction. The Board also notes that the EPSBD indicated that the applicant’s EPTS condition was not service aggravated and that he did not meet retention standards under the provision of Army Regulation 40-501, chapter 3.

2. The Board further notes that it was recommended that the applicant be separated from the service under the provisions of Army Regulation 635-200, paragraph 5-11, that he concurred with the recommendations of the EPSBD, and requested to be discharged.

3. The Board notes the applicant’s contention that he was later diagnosed with cancer by an ENT physician, which was confirmed by an endocrinologist, after his discharge. Notwithstanding this diagnosis, which was either not present or not apparent during his physical examination, it would not have altered the outcome of the applicant’s separation for failure to meet procurement medical fitness standards.

4. The applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights. The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.


5. 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.

6. 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

__ao___ __ts____ __hf____ DENY APPLICATION




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

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INDEX

CASE ID	AR2001063983
SUFFIX
RECON
DATE BOARDED	20020430
TYPE OF DISCHARGE	UC
DATE OF DISCHARGE	20000828
DISCHARGE AUTHORITY	AR 635-200 5-11
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 360
2.
3.
4.
5.
6.