RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            5 January 2006
      DOCKET NUMBER:   AR20050006481


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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, in effect, that Item 28 (Narrative Reason for
Separation) of his separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that he was diagnosed with asthma,
resulting in his discharge from active duty, by reason of "failure to meet
procurement medical fitness standards", and he claims that military doctors
indicated that he had this condition since the age of four.  He also states
that he came to the United States at the age of 17, and there are no
records in the United States to show he had asthma since he was four years
old.  The applicant states that since his discharge, he has been seen by a
pulmonary specialist who indicates that he does not have asthma and that he
is physically fit and meets the medical standards for military service.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Entrance Physical Standards Board
(EPSBD) Proceedings (DA Form 4707); Pulmonary Physicians History and
Physical; United States Infantry Center Orders Number 155-2262,  dated 23
June 2004; Separation Document (DD Form 214); and National Guard Bureau
(NGB) Report of Separation and Record of Service (NGB Form 22).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he originally enlisted and
entered the Florida Army National Guard (FLARNG) on 28 October 2003.  His
record also contains a Report of Medical History (DD Forms 2807-1 and 2808)
prepared on 28 October 2003.  These documents show he underwent a physical
examination for the purpose of enlistment in the ARNG and that he was found
to be qualified for service at that time.

2.  On 8 April 2004, subsequent to entering the FLARNG, he entered active
duty for his initial active duty for training (IADT).

3.  The applicant’s record contains a Physical Profile (DD Form 3349),
dated
3 May 2004, which shows he was placed on a temporary profile for the
medical condition "asthma."

4.  On 3 May 2004, the applicant was evaluated by an EPSBD and he was found
unfit for further military service under the medical fitness standards and
in the opinion of the evaluating physicians the condition existed prior to
service (EPTS). The proceedings indicated that the applicant had a history
of allergies and asthma since the age of four, and that he had difficulty
running while in training.

5.  The EPSBD recommended the applicant’s separation from military service
under the provisions of paragraph 5-11, Army Regulation (AR) 635-200, and
the medical approving authority approved the findings on 8 May 2004.  The
applicant concurred with the proceedings and requested to be discharged
from the Army without delay on 11 May 2004.

6.  The discharge authority approved the findings on 20 May 2004, and
directed that the applicant be separated from the Army.

7.  On 3 June 2004, the applicant was released from active duty (REFRAD)
and returned to the Reserve of the Army and the ARNG.  The DD Form 214
issued to him at the time confirms that he was separated under the
provisions of AR 635-200, paragraph 5-11, by reason of failure to meet
procurement medical fitness standards.  This document also shows the
applicant completed a total of 1 month and 26 days of active military
service, and that he held the rank of private first class/E-3 on the date
of his separation.

8.  The applicant was discharged from the FLARNG on 4 June 2004, by reason
of "failure to meet medical procurement standards.

9.  The applicant provides a physical examination report prepared 14
December 2004, which shows he had "mild reversible airways disease," which
did not warrant therapy at that time.  He was advised to follow-up on an as
needed basis.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 5-11 contains the policy for
the separation of personnel who did not meet procurement medical fitness
standards.  It states 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, may be separated.  Such conditions must be discovered during
the first 6 months of active duty.  The regulation stipulates that soldiers
in an entry level status who are separated under the provisions of
paragraph 5-11 receive an uncharacterized description of service.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was unjustly separated by reason of
failure to meet procurement of medical fitness standards due to being
misdiagnosed with the condition of asthma has been carefully considered.
However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms that the applicant was evaluated by an
EPSBD, which found him unfit for further military service due to the
medical condition of ''asthma", which was identified as an EPTS condition.
The applicant concurred with the findings and recommendations of the EPSBD,
and requested immediate discharge, and the separation authority approved
his separation.  All requirements of law and regulation were met, and the
rights of the applicant were fully protected throughout the separation
process.  As a result, there does not appear to be any error or injustice
related the narrative reason for the applicant’s separation.

3.  The physical examination report submitted by the applicant was also
carefully considered.  However, the condition diagnosed during this
examination completed subsequent to his discharge from the Army does not
impact the diagnosis of competent military medical authorities at the time
of the applicant’s separation, which the applicant concurred with at the
time.  As a result, it provides an insufficient evidentiary basis to
support granting the requested relief at this time.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  ___TMR_  ___TJF__  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.




            ____William D. Powers___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006481                           |
|SUFFIX                  |                                        |
|RECON                   |Na                                      |
|DATE BOARDED            |2006/01/05                              |
|TYPE OF DISCHARGE       |UNCHARACTERIZED                         |
|DATE OF DISCHARGE       |2004/06/03                              |
|DISCHARGE AUTHORITY     |AR 635-200. . . . .                     |
|DISCHARGE REASON        |Failure to meet proc of medical         |
|                        |standards                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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