RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 September 2005
      DOCKET NUMBER:   AR20050001909


      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. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 reentry eligibility (RE) code be
changed to RE code 1 and the diagnosis of asthma be taken off her record.

2.  The applicant states that during week two of basic training she became
ill with a violent cough.  Weeks later she learned it was an upper
respiratory infection.  She did not seek medical attention until week six,
when it turned into bronchitis.  She was diagnosed with bronchitis and
given some medication.  Not knowing that bronchitis takes a long time to
heal, she returned to sick call because her condition only slightly
improved.  She saw a different doctor, who told her he believed she had
asthma and told her to take a pulmonary function test (PFT) and then a
methacoline challenge test.  Her records falsely state she had a
methacoline challenge test done when it was a PFT.  She explained her lungs
were still too weak to take a breathing test but he angrily ordered her to
do so.  She failed the PFT and was discharged for asthma.

3.  The applicant states she has since spent hundreds of dollars on tests
that prove she is not asthmatic and she never has been.  She has tried
numerous times to reenlist in the Army and the Marine Corps and every time
she was turned down because of this error.

4.  The applicant provides a letter dated 12 October 2004 from Charles
River Medical Associates, P.C.; a letter dated 26 October 2004 from
MetroWest Medical Center; a pulmonary function analysis from MetroWest
Medical Center dated 26 October 2004; methacoline challenge test results
from Massachusetts General Hospital, Pulmonary and Critical Care Unit dated
28 January 2005; her Entrance Physical Standards Board (EPSBD) Proceedings
(front side only); and her DD Form 214 (Certificate of Release or Discharge
from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 July 2004.

2.  The applicant's service medical records are not available.  The front
page of her EPSBD proceedings, dated 9 September 2004, indicated she had
been complaining of chest tightness, shortness of breath and wheezing with
any and all increased activities.  She reported symptoms began about 10
minutes after beginning increased activity and subsiding about 15 minutes
post cessation.  She admitted to nocturnal symptoms of shortness of breath.
 She reported no history of the problem existing prior to entering service.
 Family history was positive for asthma in several siblings and parents.

3.  The EPSBD proceedings continued that the applicant, after an
unsuccessful trial of duty, was referred for a methacholine challenge test.
 However, she was unable to deliver the 70 percent FEV1 (forced expiratory
volume) prior to administration of the test, which precluded administration
of the test.  She was diagnosed with asthma, moderate, persistent.  It was
recommended she be discharged.  The reverse side of the EPSBD proceedings
form is not available.

4.  On 8 October 2004, the applicant was discharged for failing to meet
medical/physical procurement standards and was given an RE code of 3.

5.  By letter dated 12 October 2004, Doctor G___ of Charles River Medical
Associates, P.C. stated he had known the applicant for several years and
she had never been diagnosed or showed any symptoms of asthma while under
his care.

6.  By letter dated 26 October 2004, Doctor S___ of MetroWest Medical
Center stated the applicant was seen on that date for a complete pulmonary
evaluation.  Pulmonary function studies revealed a superb vital capacity
with minimal small airways obstructions.  FEV1 completed normal as was her
diffusion capacity.  Doctor S___ stated the applicant had an episode of
asthmatic bronchitis for the first time [in the summer of 2004] and did not
have asthma.  Her family history was given as – mother with hypertension
but living and well; father living and well; and one brother with a history
of asthma.

7.  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.

8.  RE code 3 applies to persons not qualified for continued Army service,
but the disqualification is waivable.

9.  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.

10.  Army Regulation 40-501 (Standards of Medical Fitness) states examinees
initially reported as medically unacceptable by reason of medical
unfitness, when the medical fitness standards in chapter 2, 3, 4, or 5
apply, may request a waiver of the medical fitness standards in accordance
with the basic administrative directive governing the personnel action.
Upon such request, the designated administrative authority or his or her
designees for the purpose may grant such a waiver in accordance with
current directives.  The Office of The Surgeon General provides guidance
when necessary to the review and waiver authorities on the interpretation
of the medical standards and appropriateness of medical waivers.

11.  Army Regulation 40-501, paragraph 2-23d states asthma, including
reactive airway disease, exercise-induced bronchospasm or asthmatic
bronchitis, reliably diagnosed and symptomatic after the 13th birthday, are
causes for rejection for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service medical records and the reverse side of the
EPSBD proceedings are not available.  The Army has an interest in promoting
the reliability of its medical records.  Alteration of a diagnosis in those
records after the fact may lead to fundamental questions about the veracity
of the records in this case and generally.  The Secretary’s interest is in
ensuring an orderly system in which a physician makes certain observations
and records them faithfully in the medical records at the time.  It would
take an extraordinary showing for the Board to alter such a diagnosis.  In
the absence of the applicant's service medical records, it is presumed her
physician made a diagnosis in good faith and based upon accepted medical
principles at the time.

2.  The applicant contended her records falsely state she had a methacoline
challenge test done when it was a PFT.  The evidence (the EPSBD
proceedings) she provided does not state she completed a methacoline
challenge test.  The evidence stated she was referred for a methacholine
challenge test; however, as she was unable to deliver the 70 percent FEV1
administration of the test was precluded.

3.  It is noted the 26 October 2004 letter from Doctor S___ of MetroWest
Medical Center stated the applicant had an episode of asthmatic bronchitis
and did not have asthma.  However, it is also noted that asthmatic
bronchitis is a cause for rejection for enlistment.

4.  The Board cannot speak for Marine Corps recruitment policies and
procedures.  However, Army recruiters are required to process a request for
a medical waiver.  The applicant should ensure her Army recruiters process
her request for a medical waiver; however, her request may or may not be
approved by recruitment medical authorities.

5.  Regrettably, there is insufficient evidence on which to show the Army
erred in diagnosing the applicant with asthma and therefore insufficient
evidence on which to change her RE code to 1.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __bpi___  __mjf___  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. Anderholm__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001909                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.03                                  |
|2.                      |124.01                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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