RECORD OF PROCEEDINGS


           IN THE CASE OF:

      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060007527


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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 eligibility (RE)
Code of "3" be changed to a more favorable code in order to allow him to
reenter the Army.

2.  The applicant states, in effect, that his RE Code of "3" prevents him
from reentering active duty.  He was discharged under the provisions of
Army Regulation 635-200, chapter 5, paragraph 5-11, for "possible asthma."
He has waited 6 months, seen a civilian physician, had appropriate testing
done, and the physician has deemed him fit for military duty.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), a copy of a letter from his primary
care physician (PCP), and a copy of his Pulmonary Function test results, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain a copy of his Report of Medical
Examination, dated 13 July 2004, which was prepared prior to his entrance
on active duty and shows that he was qualified for enlistment with a 111121
physical profile.

2.  The applicant's record shows he enlisted in the Regular Army on 13 July
2004.  The applicant was scheduled to attend basic combat training and
advanced individual training at Fort Knox, Kentucky, in military
occupational specialty (MOS), 19K, Armor Crewman.

3.  On 24 August 2004, the applicant was diagnosed with "Reactive Airway
Disease/Asthma" and was issued a physical profile of 311111 with an
expiration date of 24 November 2004.  The applicant was assigned functional
limitations as recommended MED (medical) 200, as per DA Form 4707 (Entrance
Physical Standards Board [EPSBD] Proceedings).

4.  The applicant's records contain a copy of a DA Form 4707, dated
24 August 2004.  The EPSBD stated that the applicant was a 21 year old man
with shortness of breath with exertion since his third day at Fort Knox.
He stated that he had never had any breathing problems before coming to
Fort Knox.  He was seen for this problem at Nelson Medical Clinic, and was
treated for "bronchitis," "sinusitis," and "wheezing."  Later, a
Methacholine Challenge Test was done, and Med 200 examination was
scheduled.  He denied any history of respiratory problems.  He was
diagnosed as having probable reactive airways disease/asthma.  The board
determined he did not meet medical fitness standards for enlistment or
induction under the provision of Army Regulation    40-501, chapter 2,
paragraph 2-23(d)2.  His condition was listed as EPTS (existed prior to
service), aggravated by service, and a waiver was not recommended.  The
findings of the EPSBD were approved by the medical approving authority on
1 September 2004.

5.  The applicant was discharged on 16 September 2004, under the
provisions of Army Regulation 635-200, chapter 5, paragraph 5-11, for
failed medical/physical procurement standards, with an uncharacterized
discharged. He was issued a separation program designator (SPD) code of
"JFW" and an RE Code of "3."

6.  The applicant provided a copy of letter from his PCP, dated
21 February 2006.  His PCP states that he had been taking care of the
applicant since 9 February 2006.  He came to him after some military
service with complaints of an abnormal pulmonary function test that he
had in the military.  Apparently the applicant had contracted an upper
respiratory tract infection during his basic training and was seen by the
military physician, who had treated him with two antibiotics and gave him
a pulmonary function test, which read out abnormal.  According to the
applicant, his basic training was discontinued at that time because of
this medical reason.  He came to their office to have a repeat pulmonary
function test and to be evaluated in order to see if he would be able to
rejoin the service.  They did repeat his pulmonary function test, which
showed that he did have some early small airway obstruction, but his lung
volumes were within normal limits and his diffusing capacity appeared to
be normal.  At this time, the applicant was asymptomatic and had been so
throughout the entire course of his health investigation.  The PCP
concluded that the applicant required no medication at that time and he
had no further subjective or objective findings.  In summary, the PCP,
stated that it was his opinion that the applicant was capable of
rejoining the military for basic training and basic military duty.

7.   The applicant provides a copy of his Pulmonary Function test
results, dated 13 February 2006.  The physician concluded that the
applicant's mid-expiratory flow was reduced to 54 percent of predicted
which indicated early small airways obstruction.  Long volumes were
within normal limits.  Diffusing capacity appeared normal.






8.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel.  Chapter 5, 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 entry on active duty, active
duty for 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 the 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 will normally be honorable, but will be
uncharacterized if the Soldier has not completed more than 180 days of
creditable continuous active duty prior to the initiation of separation
action.

9.  Army Regulation 40-501, at chapter 3, provides standards for medical
retention.  Basically, members with conditions as severe as listed in this
chapter are considered medically unfit for retention on active duty.

10.  Army Regulation 40-501 governs medical fitness standards for
induction, enlistment, appointment, retention, separation, retirement,
officer procurement programs and related policies and procedures.
Paragraph 2-23d(2) pertains to asthma.

11.  Army Regulation 635-40, chapter 5, provides, in pertinent part, that
if a Soldier is processed for failure to meet procurement medical fitness
standards within the first six months of entry on active duty and the
condition existed prior to the term of service, then the Soldier will be
discharged in an entry level status with uncharacterized service.

12.  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 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.

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

14.  Army Regulation 635-5-1 prescribed the specific authorities
(regulatory, statutory, or other directives), the reasons for the
separation of members from active military service, and the separation
program designators to be used for these stated reasons.  The regulation
shows that the separation program
designator (SPD) "JFW", as shown on the applicant’s DD Form 214, with an
effective date of 16 September 2004, specifies the narrative reason for
discharge as "Failure to Meet Procurement Medical Fitness Standards" and
that the authority for discharge under this SPD is "Army Regulation 635-
200, paragraph 5-11."

15.  The SPD/RE Code Cross Reference Table, dated March 2001, provides
instructions for determining the RE code for Active Army Soldiers and
Reserve Component Soldiers separated for cause.  It also shows the SPD code
with a corresponding RE code and states that more than one RE code could
apply.  The Soldier’s file and other pertinent documents must be reviewed
in order to make a final determination.  The SPD code of "JFW" has a
corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that, while attending basic training, the applicant
was diagnosed as having reactive airways disease/asthma and was issued a
physical profile of 311111.  He appeared before a EPSBD which determined
that he did not meet medical fitness standards for enlistment or induction
under the provision of Army Regulation 40-501.  His condition was listed as
EPTS, aggravated by service, and a waiver was not recommended.

2.   The evidence shows that the applicant was discharged under the
provisions of Army Regulation 635-200, chapter 5, paragraph 5-11, for
failure to meet medical fitness standards with his service uncharacterized.
 He was given an SPD Code of "JFW" and an RE Code of "3."

3.  The applicant's separation was accomplished in compliance with
applicable regulations with no indication of procedural errors, which would
tend to jeopardize his rights.  The type of discharge directed and the
reasons for that separation were appropriate considering all of the facts
of the case.

4.  It is apparent that the applicant wishes to reenter AD; however, his RE
Code of "3" prevents him from reenlisting.

5.  The applicant has failed to show, through the evidence submitted with
his application or the evidence of record, that his separation which
resulted in receiving an RE Code of RE "3" was in error or unjust.

6.  The letter written in support of the applicant by his PCP and Pulmonary
Function Test were considered; however, the evaluation that was conducted
which centered on the applicant's asthma was prepared after his separation
from service.  The PCP indicated in summary that the applicant now requires
no medication and is now capable of rejoining the military.

7.  The Board notes that over 2 years has lapsed since the applicant's
discharge. The applicant is now eligible to request a waiver of this RE
Code "3" for the purpose of reenlisting; however, he is advised that he
must meet enlistment or induction standards of AR 40-501 to qualify for
service.

8.  In order to justify correction of a military record, the applicant must
show, to the satisfaction of the Board, or it must otherwise 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

_JCR____  __DWT__  __RWS _  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.




                                  ______Jeffrey C. Redmann___
                                            CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20060007527                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |20040916                                |
|DISCHARGE AUTHORITY     |AR  635-200, chapter 5-11               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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