RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2007
      DOCKET NUMBER:  AR20060013746


      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.

|     |Ms. Catherin C. Mitrano           |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons.             |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. John G. Heck                  |     |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 record be corrected to show
he was separated by reason of a physical disability and that it was
incurred in military service vice a disability that existed prior to
military service as is currently shown.

2.  The applicant states, in effect, that he was never diagnosed with
Asthma prior to entering military service.  He claims “he was both
diagnosed with Asthma as well as permanently aggravating the condition
while he was on active duty in the Army and entitled to basic pay.”  He
states that according to his Physical Evaluation Board (PEB) Proceedings
(DA Form 199), he was found to be unfit for further military service based
on conditions that were not service connected and not aggravated while he
was in the Army; however, the disability that eventually led to his
discharge was both diagnosed and aggravated him while he was in the Army.
He states that although the medical dictation noted he had breathing
problems at age 9 and that he took medication for approximately 1 year, he
was never diagnosed with Asthma and he did not take medication that was
specifically for Asthma.  He stated there could be various reasons behind
his breathing issues, his family had a pet, which could have provoked
allergies.  He was also overweight as a child, which could also be a reason
for his breathing related issues.  He claims his breathing issues cleared
up after he took medication and he was symptom free until several years
after joining the Army.

3.  The applicant provides the following documents in support of his
application:  a Self-Authored Statement; Separation Document (DD Form 214);
Physical Evaluation Board (PEB) Proceedings (DD Form 199) with associated
documents; and an Internet Document on Treating Adult Asthma.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army and
entered active duty on 10 October 2001.  He was trained in, awarded and
served in military occupational specialty (MOS) 11B (Infantryman), and the
highest rank he attained while serving on active duty was specialist (SPC).


2.  On 19 April 2006, a medical evaluation was provided by a doctor from
the Topeka Pulmonary & Sleep Medical Clinic, Topeka, Kansas.  This
physician indicated that the applicant had a history of Asthma as a child.


3.  On 22 June 2006, a Medical Evaluation Board (MEB) convened at Fort
Riley, Kansas, and elected to refer the applicant's case to a PEB based on
his diagnosed condition of "Moderate Persistent Asthma".
4.  On 4 August 2006, a PEB convened at Fort Lewis, Washington, to evaluate
the applicant.  The PEB determined the applicant had a 3 year history of
childhood Asthma, and that the onset of Asthma in Iraq in 2003, existed
prior to the applicant's enlistment.  The PEB found the applicant's
condition was neither incurred nor permanently aggravated by military
service.  It determined that the applicant's impairment originated while he
was not entitled to basic pay and had increased only to the extent of its
accepted normal and natural progression.  The PEB determined the applicant
was physically unfit for further service based on a condition that existed
prior to service (EPTS) and recommended his separation without disability
benefits.

5.  On 8 August 2006, the applicant concurred with the PEB findings and
recommendations and waived his right to a formal hearing of his case, and
on
16 August 2006, the PEB findings and recommendations were approved.

6.  On 25 August 2006, the applicant was discharged under the provisions of
Paragraph 4-24b(4), Army Regulation 635-40, by reason of a disability that
existed prior to service.  The DD Form 214 he was issued shows he completed
a total of 4 years, 11 months and 29 days of active military service.

7.  In connection with the processing of this case, an advisory opinion was
obtained from the Deputy Commander, United States Army Physical Disability
Evaluation Agency (USAPDA).  This official provides an outline of
significant dates and events regarding the applicant's case.  In this
outline, he indicates on 19 April 2006, the applicant informed the Topeka
Pulmonary & Sleep Medicine Clinic that he had a history of Asthma as a
child and he received medications for such Asthma for 3 years.  He further
states that in the applicant's case, the evidence clearly shows the
applicant informed his primary civilian physician that he knew he had
Asthma as a child.  He states the applicant never refuted this fact during
his military disability processing, and there is no evidence to support
that any military activities or conditions permanently aggravated his prior
asthmatic condition.  He further indicates that it is a well known fact
that childhood Asthma often returns later in life and that one is never
cured of prior Asthma, although there may be periods of quiescence.  He
states that based on these factors, the PEB properly found that the
preponderance of the evidence supported a finding that the applicant's
Asthma was diagnosed and treated before entering service; his present
Asthma was a continuation of his prior asthmatic condition; his condition
at the time was the result of natural progression of his EPTS condition;
and there was insufficient evidence to show the reoccurrence of his Asthma
was caused by military activities.
8.  The Deputy Director, USAPDA, concludes that the applicant confirmed
that he was treated for a diagnosis of Asthma before he entered military
service.  The applicant also concurred with the PEB's findings and
recommendations, which found his Asthma existed prior to service, was not
permanently aggravated by military service, and his conditions at the time
was the result of natural progression of his earlier Asthma.  This official
further concluded that the PEB's findings were supported by a preponderance
of the evidence, were not arbitrary or capricious, and were not in
violation of any statute, directive, or regulation.  Therefore, it was
recommended that the applicant's military records not be corrected.

9.  On 7 May 2007, the applicant was provided a copy of the USAPDA advisory
opinion and he was provided an opportunity to respond to or rebut its
contents.  To date, he has failed to reply.

10.  The applicant provides an Internet document that discusses the
treatment of Adult Asthma.  It indicates that adults with the disease
generally fall into three groups:  those who had the disease since
childhood; those who had the disease in childhood, became asymptomatic,
then suddenly experienced a recurrence; and those who develop occupational
Asthma.

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement,
or Separation) establishes the Army Physical Disability Evaluation System
(PDES) and sets forth policies, responsibilities, and procedures that apply
in determining whether a Soldier is unfit because of physical disability to
reasonably perform the duties of his or her office, grade, rank, or rating.
 In each case, it is necessary to compare the nature and degree of physical
disability present with the requirements of the duties the Soldier
reasonably may be expected to perform because of his or her office, grade,
rank, or rating.  Separation by reason of disability requires processing
through the PDES.

12.  Chapter 4 of the same regulation contains guidance on processing
through the PDES, which includes the convening of a MEB to document a
Soldier's medical status and duty limitations insofar as duty is affected
by the soldier's status.  If the MEB determines a Soldier does not meet
retention standards, the case will be referred to a PEB.  The PEB evaluates
all cases of physical disability equitably for the Soldier and the Army.
It also investigates the nature, cause, degree of severity, and probable
permanency of the disability of soldiers whose cases are referred to the
board.  It also evaluates the physical condition of the Soldier against the
physical requirements of the Soldier's particular office, grade, rank, or
rating.  Finally, it makes findings and recommendations required by law to
establish the eligibility of a Soldier to be separated or retired because
of physical disability.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show
he was separated by reason of a physical disability that was incurred in
military service vice a disability that existed prior to military service
was carefully considered.  However, there is insufficient evidence to
support this claim.

2.  The evidence of record confirms the applicant was properly processed
through the Army's PDES and based on the medical evidence, a PEB determined
his unfitting Asthmatic condition existed prior to his entering military
service, and recommended he be separated by reason of a disability that
existed prior to service.  The record also shows the applicant concurred
with the findings and recommendations of the PEB and waived his right to a
formal hearing of his case.  All requirements of law and regulation were
met and the applicant's rights were fully protected throughout his PDES
processing.

3.  The evidence also includes a medical evaluation completed at the Topeka
Pulmonary & Sleep Medical Clinic, dated 19 April 2006, which indicated the
applicant had a history of Asthma as a child.  This coupled with his
concurrence with the PEB findings and recommendations clearly supports a
conclusion that his condition existed prior to his entering military
service.

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

___LDS _  __JLP  __  __JGH___  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.




                                  _____Linda D. Simmons___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013746                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/07/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2006/08/25                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability - EPTS                       |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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