RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050007298


      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. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his reentry (RE) code and the
separation code on his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) be changed.

2.  The applicant states that right before he was to attend basic training
he told someone he had asthma as a kid and the drill instructor told him he
could go to jail for not stating everything at the time of his enlistment.
The applicant continued that after his discharge he found out that he had
pneumonia as a kid and did not have asthma.

3.  The applicant provides a copy of his DD Form 214, a medical test
report, and a letter from his wife.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant entered active duty on 5 March 2005.

2.  On 22 May 2005, the applicant was separated under the provisions of
paragraph 5-11 of Army Regulation 635-200 (Personnel Separations), for
failure to meet procurement medical fitness standards.

3.  The separation document (DD Form 214) he was issued at the time
confirms he held the rank of private/pay grade E-2, and had completed a
total of 2 months, and 18 days of active military service.  The DD Form 214
also shows that based on the authority and reason for his separation, he
was assigned a separation program designator (SPD) code of JFW [failure to
meet procurement medical fitness standards] and that his service was
uncharacterized.

4.  The facts and circumstances of the applicant's separation are not in
the available records.  The applicant's records do not contain a separation
medical examination of the proceedings of an enlistment physical standards
board.

5.  The applicant provided a copy of a medical report from a civilian
doctor which shows he did not have any difficulty breathing.

6.  The applicant provided a statement from his wife.  His wife stated her
husband was discharged from the Army for asthma on the assumption that he
had asthma.  She continued that her husband is very athletic and active in
sports.  The applicant's wife argued that a review of her husband's medical
records revealed he suffered from pneumonia as a kid and was never
diagnosed with asthma.  She concluded that since he does not have asthma
and he is eager to join the military in order to serve his country.

7.  Army Regulation 635-200 provides the basic authority for the 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 entrance on active duty or
active duty 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 that 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 of
regulation will normally be honorable, but will be uncharacterized if the
Soldier is in an entry level status.

8.  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
(Regular Army and Army Reserve Enlistment Program) 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.  RE-3 applies to persons who are disqualified for continued Army
service, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the RE code and the separation code on his
separation document should be changed because he does not have asthma.

2.  Since, the facts and circumstances of the applicant's separation are
not available for consideration, regularity must be presumed in this case.

3.  The applicant did not provide sufficient evidence to show he separated
for reasons other than for failure to meet medical fitness standards.
Therefore, in the absence of such evidence, there is no basis to amend the
applicant's DD Form 214 as requested.


4.  Additionally, since the RE-3 is a waivable code, the applicant may
request a waiver of the disqualifying factor upon request for reenlistment
in military service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JM_____  __LE___  __JED___  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.





                                      _Lester Echols___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007298                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/17                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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