RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060000902


      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:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show she was separated by
reason of medical retirement (asthma with a 60 percent disability rating);
to change her uncharacterized description of service to honorable; and to
add her awards for marksmanship badges for the M16 rifle, the hand grenade,
and the bayonet.

2.  The applicant states the Department of Veterans Affairs (VA) originally
rated her asthma as 30 percent disabling.  The VA increased her rating to
60 percent in January 2006.  She needs her DD Form 214 corrected so she may
use her Montgomery GI Bill (MGIB) benefits.  She is working on her Master
of Arts in Education degree and expects to graduate in May 2007.

3.  The applicant provides copies of more than 20 identification/membership
cards; her DD Form 214; two VA Rating Decisions, dated 7 July 2005 and
   20 January 2006; four letters (dated 19 April 2006, 26 April 2006, 20
July 2006, and 27 July 2006) from her Representative in Congress; a portion
of her enlistment contract; a letter from the VA dated 1 August 2006; a VA
Form         21-22 (Appointment of Veterans Service Organization as
Claimant’s Representative); her Entrance Physical Standards Board
Proceedings; her separation orders; and an Army/American Council on
Education Registry Transcript.

4.  The applicant also provides a letter, dated 9 August 2005, from the
Fort Leonard Wood, MO, U. S. Army Medical Department Activity with an
attached medication list; an email dated 2 June 2006; a letter from the
President and Mrs. Bush; a letter from the Vice President’s wife; a letter
from the Army Chief of Staff and the Secretary of the Amy; a copy of her
service medical records; an            11 October 2005 letter from the VA
with a Progress Note dated 11 October 2005; and a VA Compensation and
Pension Examination dated 8 November 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 March 2004.

2.  On 2 June 2004, the applicant was given a temporary physical profile
for asthma and/or exercise induced bronchospasm.

3.  A DA Form 4707-C (Entrance Physical Standards Board (EPSBD)
Proceedings) shows that, on 30 June 2004, the applicant was evaluated for a
chief complaint of shortness of breath on exertion.  She denied a past
medical history of the same chief complaint although she admitted she was
never physically active prior to joining the service.  Family history was
noted to be significant for an uncle with reactive airway disease.  She was
diagnosed with asthma, moderate and persistent.  The DA Form 4707-C
indicated it was the opinion of the evaluating physicians that the
applicant’s condition existed prior to service and that she was medically
unfit for enlistment.

4.  On 6 July 2004, the applicant concurred with the proceedings of the
EPSBD and requested discharge without delay.

5.  On 9 July 2004, the applicant was discharged under the provisions of
Army Regulation 635-200, paragraph 5-11, due to failure to meet
medical/physical procurement standards.  She had completed 3 months and 21
days of creditable active service.  Her character of service was described
as uncharacterized.  Her DD Form 214 does not show any authorized awards or
decorations.

6.  There is no evidence of record to show the applicant was awarded any
marksmanship badges.

7.  On 7 July 2005, the VA awarded the applicant a 30 percent disability
rating
for her asthma.  On 20 January 2006, her disability rating was corrected to
a
60 percent rating.

8.  By letter dated 1 August 2006, the VA informed the applicant that she
was not eligible for MGIB benefits.  She was informed that, to be eligible
for that education benefit, she must have received an honorable discharge.
She was informed that a general under honorable conditions, other than
honorable, bad conduct, or an undesirable (sic) discharge did not establish
eligibility.  She was informed that the VA was basing its decision on the
fact that her discharge was characterized as uncharacterized.

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 5-11 sets the policy and
prescribes procedures for separating members 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.  Medical proceedings, regardless of the date
completed, must establish that a medical condition was identified by
appropriate military medical authority within   6 months of the Soldier’s
initial entrance of active duty that would have permanently or temporarily
disqualified him or her for entry into the military service or entry on
active duty had it been detected at that time and does not disqualify him
or her for retention.  Unless the reason for separation requires a specific
characterization, a Soldier will be awarded an uncharacterized description
of service if in an entry-level status.  (For Regular Army Soldiers, entry
level status is the first 180 days of continuous active duty.)

10.  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 unfitness is of such a degree that a Soldier is
unable to perform the duties of his office, grade, rank or rating in such a
way as to reasonably fulfill the purposes of his employment on active duty.
 In pertinent part, it 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.  Likewise, manifestation of
lesions or symptoms of chronic disease from date of entry on active
military service (or so close to that date of entry that the disease could
not have started in so short a period) will be accepted as proof that the
disease existed prior to entrance into active military service.

11.  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 criteria includes the
requirement that the disability 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.

12.  The National Institutes of Health internet cite Medlineplus.gov states
that it is not clear exactly what makes the airways of people with asthma
inflamed in the first place.  If other people in the family have asthma, a
person is more likely to develop it.

13.  Title 38, U. S. Code, sections 310 and 331, permits the VA to award
compensation for a medical condition which was incurred in or aggravated by
active military service.

14.  The Department of Veterans Affairs booklet, Federal Benefits for
Veterans and Dependents, 2006 edition, states that VA education benefits
under the MGIB may be used after separation from active duty with a fully
honorable military discharge.  Discharges under “honorable conditions” and
“general” discharges do not establish eligibility.  It also states that
veterans who did not complete the required period of service may be
eligible if discharged for one of several listed reasons, including for
having a medical condition diagnosed prior to joining the service or having
a condition that interfered with performance of duty and did not result
from misconduct.

15.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of basic marksmanship qualification badges.
The qualification badge is awarded to indicate the degree in which an
individual has qualified in a prescribed record course, and an appropriate
bar is furnished to denote each weapon with which the individual has
qualified.  The qualification badges are in three classes:  Expert,
Sharpshooter, and Marksman.

16.  U. S. Army Human Resources Command Message (Date Time Group        17
March 2004) disseminated implementing instructions for award of the Global
War on Terrorism Service Medal.  This award is designated for Soldiers who
have participated in or served in support of Global War on Terrorism
Operations outside of the designated area of eligibility determined for
award of the Global War on Terrorism Expeditionary Medal on or after 11
September 2001 to a date to be determined.  All Soldiers on active duty,
including Reserve Component Soldiers mobilized or National Guard Soldiers,
activated on or after 11 September 2001 to a date to be determined having
served 30 consecutive days or 60 nonconsecutive days are authorized this
award.

DISCUSSION AND CONCLUSIONS:

1.  The rating action by the VA does not necessarily demonstrate an error
or injustice on the part of the Army.  The VA, operating under its own
policies and regulations, assigns disability ratings as it sees fit.

2.  Before a Soldier can be processed through the Physical Disability
Evaluation System, however, it must be determined that the Soldier’s
medical condition was incurred or aggravated while entitled to basic pay.

3.  It is acknowledged that the applicant’s asthma did not manifest itself
until after she enlisted in the Army.  However, it appears that accepted
medical principles led the EPSBD evaluating physicians to determine that
her asthma existed prior to her entrance into active military service.
Therefore, she did not meet the eligibility criteria for a physical
disability separation and instead was administratively separated for not
meeting medical procurement standards.

4.  The applicant’s uncharacterized description of service merely means
that she was not in the Army long enough for her character of service to be
rated as honorable or otherwise.  It is noted that this characterization of
service does not meet the VA’s requirement for the applicant to have
received a fully honorable description of service before being eligible for
MGIB education benefits.  However, it is also noted that an uncharacterized
description of service does not meet the VA’s criteria for denying benefits
under the MGIB.  There appears to be an anomaly in the VA’s education
eligibility criteria.  The VA may not be aware that the Army uses an
uncharacterized description of service or that its
eligibility/ineligibility criteria do not fit the applicant’s situation.

5.  There is no error in the Army issuing the applicant an uncharacterized
description of service, and the Army has no jurisdiction over the policies
and procedures of the VA.  Nevertheless, the applicant might want to raise
this issue with the VA to clarify whether she really is ineligible for MGIB
benefits.

6.  There is no evidence in the available records to show that the
applicant was awarded any marksmanship badges, and she does not provide
such evidence.  She did, however, meet the eligibility criteria for award
of the Global War on Terrorism Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jrm___  __swf___  __rch___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that the DD Form 214 of the individual concerned be amending to
show she was awarded the Global War on Terrorism Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing she was separated by reason of medical retirement; changing her
uncharacterized description of service to honorable; or showing she was
awarded marksmanship badges for the M16 rifle, the hand grenade, and the
bayonet.




                                  __Jeanette R. McCants_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000902                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |108.00                                  |
|2.                      |110.00                                  |
|3.                      |110.04                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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