IN THE CASE OF:	 

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090014333 


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 that his reentry eligibility (RE) code be changed to a code of "1."

2.  The applicant states he was assigned an RE code of "3" for a preexisting medical condition of asthma but he does not have asthma and he has never had asthma.  He also states his medical records as a military dependent have been archived and are not available to either his father or himself.

3.  The applicant provides affidavits from both of his parents and his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 February 2009.  He completed basic training but he did not complete advanced individual training (AIT).

2.  The applicant's DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 13 May 2009, show the applicant's chief complaint was asthma.  This form shows the applicant indicated he had asthma as a child and that he had used a prescription inhaler.  The applicant reported that he completed basic training; however, his running increased in advanced individual training (AIT) and he experienced great difficulty breathing.  The applicant stated that he could not perform the amount of running, jumping, and aerobic activity that was required in AIT.  He was diagnosed with pneumonia on 27 April 2009 and was on a Proventil inhaler for treatment of that condition.  He could not wear the full fighting load for extended periods of time and he had trouble breathing after the gas chamber exercise when others had recovered.  The EPSBD determined that he was unable to perform to the standards required of his military occupational specialty even if he had a profile and medication.  At the time he was taking Advair in addition to using the Proventil inhaler.  The EPSBD also determined that his condition existed prior to but was aggravated by his military service.  It was recommended that he be separated.  

3.  On 9 June 2009, the applicant concurred with the EPSBD findings and requested to be discharged without delay.  The discharge authority approved the applicant's separation action on 15 June 2009.

4.  On 18 June 2009, the applicant was discharged under Army Regulation
635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 due to failure of medical/physical procurement standards with uncharacterized service.  He had completed 4 months and 16 days of creditable active service and he had no lost time.  He was assigned a separation program designator (SPD) code of JFW and an RE code of "3."  

5.  The sworn statements from both of the applicant's parents indicate the applicant was never diagnosed with or treated for asthma prior to entry into the service.

6.  WebMD notes that there are several types of asthma that include exercise-induced asthma.  This type of asthma is triggered by vigorous or prolonged exercise or physical exertion.  Most people with chronic asthma experience symptoms of asthma during exercise.  However, there are many people without chronic asthma who develop symptoms only during exercise.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 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 entrance on active duty or active duty 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 that 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 of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status.

8.  Army Regulation 601–210 (Regular Army and Army Reserve Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve for enlistment and reenlistment.  Included in this regulation is the SPD/RE Code Cross-Reference Table that indicates an SPD code of JFW requires an RE code of "3."

9.  Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time.  In general, those who receive an Army RE code of 1 may reenlist in the Army or another service with no problem.  Individuals with an RE code of "3" can normally reenlist but requires a waiver to be processed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code of "3" should be changed to an RE code of 1 because he was separated due to a preexisting medical condition of asthma; however, he does not have asthma and he has never had asthma.  

2.  The EPSBD based its findings on the applicant's medical condition at the time and the applicant's statement that he used an inhaler for asthma prior to entering the Army.  Further, the applicant concurred with the EPSBD's finding and recommendations that he had a preexisting medical condition (asthma) that impacted his ability complete his training.  The applicant requested that he be separated based on these findings and recommendations. 

3.  Whether or not the applicant had been diagnosed or treated for asthma prior to service is not the relevant factor.  The condition that led to the applicant's separation processing manifested itself within a short period of time after he entered an active duty status and as such the condition was determined to have been preexisting.  

4.  The applicant was unable to perform the physical requirements for completion of his MOS training due to his medical condition; therefore, he was properly discharged.


5.  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

___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.



	_______ _  X _______   ___
	      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)                                         AR20090014454



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014333



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1