IN THE CASE OF:	  

		BOARD DATE:	        18 DECEMBER 2008

		DOCKET NUMBER:  AR20080015586 


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 reconsideration of his previous request for correction of appropriate military records to show a reentry eligibility (RE) code of RE-1.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

2.  The applicant states that he has been trying to reenlist in the United States Army; however, he has an uncharacterized, but honorable discharge with an RE code of RE-3, due to having less than 90 days of active service.  He states that he recently attempted to have his RE code administratively changed, but he was denied due to the lack of medical records indicating that the reason for his discharge was due to insect allergies.  He states that he now has copies of his medical records, as well as supporting documents, stating that the reason for his discharge was due to insect allergies.  He states that he understands that it may be possible for the Board to change his RE code, grant a waiver, or request a consultation in like situations.

3.  The applicant provides in support of his application, a copy of a letter addressed to him dated 25 March 2008, from the Director, Army Board for Correction of Military Records, notifying him of the decision made on his previous application; a copy of a Medical and Dental Appointment Receipt (DA Form 3982); Health Records-Chronological Records of Medical Care dated 5 June, 
6 June, 7 June, 14 June, and 15 June 2006; a Developmental Counseling Form dated 19 June 2008; Orders 341-050 dated 7 December 2006 discharging him from the Army National Guard (ARNG); a copy of his NGB Form 22; a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214); a copy of a letter addressed to him from the Department of Defense Cleveland Military Entrance Processing Station, Chief Medical Officer dated 22 October 2007; a copy of his previous Application for Correction of Military Records and supporting documents; and a copy of his previous ABCMR Record of Proceedings.

CONSIDERATION OF EVIDENCE:

1.  The Chronological Records of Medical Care that were submitted by the applicant amount to new evidence which was not previously considered by the Board.

2.  On 4 April 2006, the applicant enlisted in the Ohio Army National Guard (OHARNG) for 8 years, in the pay grade of E-1.  He was ordered to active duty for training with an effective date of 1 June 2006.

3.  The applicant's Chronological Record of Medical Care shows that on 5 June 2006 he was seen by a physician assistant at the Martin Army Community Health Reception Station Clinic and during his appointment, he verbalized being allergic to insects.  Local redness and swelling with mild wheezing was noted.  He was referred for an allergy consultation at the allergy clinic for a screening examination and he was told to have the exam as soon as possible.  The applicant was released with work duty limitation from 5 June to 19 June 2006.

4.  On 6 June 2006, the applicant was seen at the Martin Army Community Health Reception Station Optometry Clinic.  The record shows that he had a visual assessment for military service physical accession and that he failed the visual screening.  However, no allergies were found during his visual assessment.

5.  On 7 June 2006, the applicant underwent a series of recruit screening examinations and vaccinations for military service physical accession.  No allergies were found during his examinations.

6.  The applicant's records show that he visited the clinic on 14 June 2006 for further evaluation of a stinging insect allergy.  During his evaluation, the applicant stated that he was stung in the foot when he was about 7 years of age and was running around barefoot in his backyard.  He stated that he developed swelling in his foot accompanied by throat and chest tightness.  He stated that he was taken to the emergency room for further evaluation and treatment.  The applicant continued by stating that about 1 month to 2 months prior to his clinic visit he was 

stung in his right bicep when he was outside clearing brush in his mother's backyard.  He stated that within minutes he developed localized hives and edema accompanied by wheezing, hoarseness, nausea, and diaphoresis.  He stated that he was immediately taken to the emergency room where he was treated and released.  The applicant told the assistant physician that 3 weeks prior to his clinic visit he was evaluated by an allergist and that he underwent skin testing for stinging insects.  He reportedly had numerous positive responses and he had an anaphylactic reaction during skin testing.  The allergist recommended he not attempt desensitization and prescribed an Epipen for the applicant.  When the applicant provided his family medical history, he stated that his father had a bee venom allergy.

7.  The applicant's Chronological Record of Medical Care dated 15 June 2006 shows that he was determined to have a severe bee venom allergy and that he should not be sent to basic training.  Separation for a condition that existed prior to service was recommended by the attending physician.

8.  The Developmental Counseling Form, dated 19 June 2006, shows the applicant was counseled by his first sergeant regarding his failure to meet medical procurement standards for enlistment into the Armed Forces.  He was told that his medical condition prevented him from functioning fully and performing his mission to the best of his ability; that the fact that he would need to monitor himself, and possibly take medications or even have surgery, made it impractical for him to serve in the military; and that his medical condition could lead to serious complications and possibly require further medical treatment later in his life.  The applicant was told by his first sergeant that conditions such as his were disqualifying for military service.  The applicant acknowledged that he agreed with both his physicians and commanders recommendations to separate him from the service for a condition that existed prior to his enlistment.  The applicant annotated and initialed the form to acknowledge that he agreed with the information contained in the Developmental Counseling Form.

9.  The facts and circumstances surrounding the applicant’s release from active duty (REFRAD) are not available.  The DD Form 214 that the applicant was issued shows that on 1 June 2006 the applicant was released from active duty for training due to failure to meet medical/physical procurement standards and he was transferred to the OHARNG for appropriate action.  His service is uncharacterized and item 27 (Reentry Code) is annotated “NA” to show that an RE code is not applicable.


10.  The applicant was honorably discharged from the OHARNG on 15 July 2006, due to other designated physical or mental conditions.  The NGB Form 22 that he was issued at the time of his discharge shows that he had completed 3 months and 12 days of net service and that he was assigned an RE code of RE-3.

11.  The letter, written by a doctor in the applicant’s behalf, dated 2 January 2007, states that the applicant is a current patient and that his skin was tested for venom allergy.  The applicant's tests were negative for yellow face hornet, white face hornet, wasp, honeybee, and yellow jacket allergens.  The doctor also stated that the applicant's blood work was negative for allergens.

12.  In support of his application, the applicant submits a letter from the Department of Defense Cleveland Entrance Processing Station, Chief Medical Officer dated 22 October 2007.  The letter advised the applicant that as a result of his recent submission of medical records for pre-approval, he had been found permanently medically disqualified for entry into the United States Armed Forces. He was advised that the reason for his medical disqualification is allergy to bee stings.  He was advised to contact his recruiter for further clarification regarding his medical disqualifications.  The applicant was also advised that although his medical condition may not affect his current or future employment in civilian life, it is considered disqualifying for military service under current medical standards for enlistment.  

13.  The applicant petitioned the Board for a change of his RE code from RE-3 to RE-1 on 14 November 2007.  The Board denied the applicant's request on 20 March 2008.

14.  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 processing into the Regular Army and the United States 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.

15.  An RE-3 code applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapter 8 of National Guard Regulation 600-200.  A waiting period of 2 years from separation is required before a waiver may be submitted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged from the OHARNG and assigned an RE code in accordance with the applicable regulations.

2.  The available records show that the applicant was separated under the provisions of National Guard Regulation 600-200, chapter 8, due to other designated physical or mental conditions.

3.  The applicant's contentions have been noted.  However, the medical documentation that he provided in support of his application shows that at the time that he was undergoing his medical assessments, he told medical personnel that he was stung by a bee at age 7 and had to be rushed to the emergency room as a result of the condition that he was in immediately after being stung.  He stated he was stung again 1 month to 2 months prior to entering the service and as a result, he had to be rushed to the emergency room after having a serious reaction.

4.  The letter that he submits from his doctor dated 2 January 2007 has been considered.  However, his medical records show that, although he may not have had a reaction to any of the insects listed in the letter, he had a reaction to being stung by an insect while he was in the Army.  After undergoing an assessment, it was determined that he did not meet medical procurement standards for enlistment.  He was counseled regarding his failure to meet medical procurement standards and he was told that his condition disqualified him for military service.  He agreed with the recommendations of his doctors and commanders during his counseling on 19 June 2006.

5.  The fact that the applicant was advised that he was found to be permanently disqualified for entry into the United States Armed Forces is not a basis for changing his RE code.  The available records show that the RE-3 code that he was assigned at the time of his discharge was appropriate and that the information was properly annotated on his NGB Form 22.

6.  In order to justify correction of a military record the applicant must show 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.

7.  In view of the foregoing, there is no basis for granting the applicant's request.


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)                                         AR20080015586



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ABCMR Record of Proceedings (cont)                                         AR20080015586



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