IN THE CASE OF:	  

		BOARD DATE:	        16 APRIL 2009

		DOCKET NUMBER:  AR20080007371 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his uncharacterized discharge be upgraded to a fully honorable discharge by reason of physical disability.

2.  The applicant states, in effect, that his uncharacterized discharge should be upgraded to fully honorable because it has been more than 2 years since he was diagnosed by a physician as having pulmonary problems prior to military enlistment; however, in 2002 his pulmonary exam showed normal spirometry, total lung capacity and diffusion and, due to his military service, he was diagnosed with reactive airway disease/asthma.  Inasmuch as it was aggravated by military service, his discharge should be fully honorable. 

3.  The applicant provides copies of his Entrance Physical Standards Board (EPSBD) Proceedings, a copy of a Pulmonary Function Test conducted in June 2002, a copy of a letter from the Army Discharge Review Board (ADRB) denying his request for an upgrade of his characterization, copies of a doctor's visit synopsis and prescriptions, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 5 April 1981 and enlisted in the United States Army Reserve (USAR) on 3 May 2004, under the delayed entry program (DEP).  He underwent a medical examination and indicated that he might have been diagnosed as having asthma at age 6.  He indicated that he had been given an inhaler but that he did not use it.  He was granted a waiver for enlistment.
2.  He enlisted in the Regular Army on 8 June 2004 for a period of 4 years and training as an aviation operations specialist and was transferred to the Reception Station at Fort Knox, Kentucky for in-processing and assignment to a basic training unit.  He never left the reception battalion for further assignment.

3.  On 23 June 2004, an EPSBD was convened at the Nelson Medical Clinic at Fort Knox due to the applicant's complaint of shortness of breath with exertion.  The applicant noted that he had shortness of breath with exertion since childhood, which worsened on his arrival at Fort Knox.  He also indicated that he made numerous visits to emergency departments for asthmas attacks as a child and that he had obtained a medical waiver for his asthma in order to enlist in the Army.

4.  The EPSBD diagnosed the applicant as having probable reactive airway disease/asthma and determined that he did not meet medical fitness standards for enlistment or induction under the provisions of Army Regulation 40-501, paragraph 2-23(d)(2), due to a condition that existed prior to service (EPTS) that was aggravated by military service and that a waiver was not recommended for his condition.  The applicant, after being advised of his rights. concurred with the findings of the EPSBD and requested to be discharged without delay.

5.  The appropriate authority approved the findings of the EPSBD and directed that the applicant be discharged under the provisions of Army Regulation 
635-200, paragraph 5-11, due to failure to meet medical procurement standards.

6.  Accordingly, he was discharged on 13 July 2004, under the provisions of Army Regulation 635-200, paragraph 5-11, due to failure to meet medical/
physical procurement standards.  He had served 1 month and 6 days of total active service and his service was uncharacterized.

7.  On 18 June 2006, the applicant applied to the ADRB for an upgrade of his discharge to fully honorable stating that his separation was service aggravated and that not having an honorable discharge was ruining his life as far as employment was involved.

8.  On 30 May 2007, the ADRB determined that his discharge was both proper ad equitable and denied his request to change his characterization of service.

9.  Army Regulation 635-200, paragraph 5-11 provides the criteria for the separation of personnel who did not meet procurement medical fitness standards when accepted for enlistment.  It states, in pertinent part that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities within 6 months of initial active duty for training (IADT) which would have temporarily or permanent disqualified the member for entry into military service, had it been detected at the time of enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights. 

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances and the applicant has failed to show otherwise.

3.  The applicant’s contentions have been noted.  However, they do not coincide with the evidence of record and the information he provided at the time he arrived at the Reception Station at Fort Knox where he indicated that he made numerous visits to emergency departments for asthma attacks as a child was quite different from his initial assertion that he might have been diagnosed as having asthma at age 6 and that he had been given an inhaler but that he did not use it, which was what he relayed at the time he was initially granted a medical waiver.  In any event, he did not undergo his initial training and had difficulty while still in the reception station.  Accordingly, he was properly discharged with his service being uncharacterized.

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 the aforementioned requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  __X______  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.



      ________XXX_________________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080007371





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ABCMR Record of Proceedings (cont)                                         AR20080007371



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