| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Yolanda Maldonado | Member |
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
| 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. |
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