RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            9 September 2004
      DOCKET NUMBER:   AR2004102727


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. Linda D. Simmons              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her medical condition be found to not have
existed prior to service (EPTS).

2.  The applicant makes no additional statement.

3.  The applicant provides her DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 2 May 2000; her Medical
Evaluation Board (MEB) proceedings; her Physical Evaluation Board (PEB)
proceedings; a pulmonary function test report; an Army National Guard
Retirement Points History Statement; and her active duty orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records are not available.  The information contained
herein was obtained from documents provided by the applicant and from her
DD Form 214 for the period ending 17 October 2003.

2.  The applicant enlisted in the Army National Guard on 27 August 1999.
She completed initial active duty for training on 2 May 2000 and was
awarded military occupational specialty 62F (Crane Operator).

3.  The applicant provided a document from United Hospital Center,
Incorporated
dated 6 December 2002 which indicates she was diagnosed with asthma on that
date.  The document also indicates that her mother and brother have asthma.

4.  In March 2003, the applicant was ordered to active duty in support of
Operation Enduring Freedom.

5.  The applicant was evaluated by an MEB on 5 September 2003.  The MEB
Narrative Summary noted that she had recently been diagnosed with asthma
and was on medication.  The doctor evaluating her indicated some concern
that her civilian job as a laundry worker in a nursing home might possibly
be exacerbating her asthma.  She indicated that she could march one mile
but her asthma stopped her from wearing MOPP (mission-oriented protective
posture, i.e., gas mask and other chemical/biological weapons protective
gear) equipment.  She sometimes had trouble with running, swimming, or
walking long distances.  She rarely missed work or school and she had not
visited the emergency room.

6.  The MEB referred the applicant to a PEB with a diagnosis of asthma,
EPTS.  It was indicated on the DA Form 3947 (Medical Evaluation Board
Proceedings) that she desired to continue on active duty.  On 9 September
2003, she agreed with the MEB's findings and recommendation.

7.  On 19 September 2003, a PEB found the applicant to be physically unfit
due to asthma, EPTS and not permanently aggravated by service.  The PEB
recommended she be separated without disability benefits.  The reverse of
the DA Form 199 (Physical Evaluation Board Proceedings) is not available
(the side that would indicate if she concurred or nonconcurred in the
finding and recommendation).

8.  On 17 October 2003, the applicant was discharged by reason of
disability, EPTS, PEB.

9.  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.  Under the laws governing the Army
Physical Disability Evaluation System, soldiers who sustain or aggravate
physically unfitting disabilities must meet several line of duty criteria
to be eligible to receive retirement and severance pay benefits.  The
disability must have been incurred or aggravated while the soldier was
entitled to basic pay or was the proximate cause of performing active duty
or inactive duty training.  The disability must not have resulted from the
soldier’s intentional misconduct or willful neglect.  The disability must
not have been incurred during a period of unauthorized absence.

10.  Army Regulation 635-40 also states that, according to accepted medical
principles, certain abnormalities and residual conditions exist that, when
discovered, lead to the conclusion that they must have existed or have
started before the individual entered the military service.  Examples are
congenital malformations and hereditary conditions or similar conditions in
which medical authorities are in such consistent and universal agreement as
to their cause and time of origin that no additional confirmation is needed
to support the conclusion that they existed prior to military service.

11.  The National Institutes of Health Internet site medlineplus.gov
contains numerous topics sites on asthma.  Several of those sites indicate
that asthma  has a genetic link:  One site indicated that no one knows
exactly what causes asthma but it is thought to be a combination of
environmental and genetic (hereditary) factors.  Another site indicated
that some people have a genetic predisposition to react to certain
allergens.  Another site indicated that asthma is what is known as a
"complex" heritable disease (that there are a number of genes that
contribute toward a person's susceptibility to a disease, and in the case
of asthma, chromosomes 5, 6, 11, 14, and 12 have all been implicated).
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show
her asthma was incurred or aggravated while she was on active duty or
otherwise entitled to basic pay.  The available evidence, the 6 December
2002 medical document provided by her, indicates that she was diagnosed
with asthma on that date.

2.  In addition, there is some evidence that asthma is a genetic condition.
 It is noted that the applicant's mother and brother also suffer from
asthma.  There was also some indication that her civilian job may have
exacerbated her asthma.

3.  Based on the above, there is insufficient evidence on which to
determine that the applicant's medical condition was not EPTS.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jev___  __jea___  __lds___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            __James E. Vick_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101727                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040909                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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