BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100016912 


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 correction of his discharge from an uncharacterized discharge to an honorable or a medical discharge.

2.  The applicant states he had no history of asthma.  He does not dispute the fact that he had asthma but the fact that it existed prior to service.  His main concern, however, is that although his asthma is not an EPTS (Existed Prior to Service) condition, he sustained an injury during basic combat training (BCT).  He was diagnosed with a stress fracture to his right hip which resulted in placing him on crutches.  He saw 4 different doctors during his training regarding his hips and each gave a different diagnosis.  He still finds himself in pain and he just wants to be able to go to the doctors so they can figure out what is wrong with him. 

3.  The applicant provides a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings and his discharge orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army on 30 March 2010 and was subsequently assigned to Fort Jackson, SC, for completion BCT. He was assigned to Company A, 1st Battalion, 13th Infantry.

2.  Her EPSBD shows that shortly after his arrival at Fort Jackson, the applicant was admitted to Richland Military Hospital for asthmaticus.  He denied having any previous asthma problems.  He was, nevertheless, unable to continue training and he was placed on medications.

3.  On 26 April 2010, he complained of EPTS asthma.  He subsequently underwent a physical examination that resulted in a diagnosis of asthma.  The attending physician placed him on a restrictive physical profile and recommended his separation for failure to meet medical procurement standards in accordance with paragraph 2-23d of Army Regulation 40-501 (Standards of Medical Fitness).

4.  On 28 April 2010, the medical approving authority reviewed the applicant's diagnosis and indicated that his retention was not practical.

5.  On 29 April 2010, the applicant was counseled regarding his rights.  He indicated that he had been informed of the medical findings.  Additionally, he understood that legal advice of an attorney employed by the Army was available to him or that he may consult with a civilian attorney at his own expense.  He also acknowledged he understood he could request a discharge from the Army without delay or request retention on active duty.  If retained, he could be involuntarily reclassified into another military occupational specialty based on his medical condition.  He concurred with the medical findings and requested to be discharged from the Army without delay.  

6.  On 30 April 2010, his immediate commander recommended approval of his discharge.

7.  On 3 May 2010, the separation authority approved the applicants discharge by reason of failure to meet medical/physical procurement standards for an EPTS condition.  

8.  On 11 May 2010, Headquarters, U.S. Army Basic Combat Training Center of Excellence, Fort Jackson, SC, published Orders 131-1326 directing the applicant's discharge from active duty effective 15 May 2010.

9.  On 15 May 2010, he was discharged accordingly.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under the provisions of paragraph 5-11 of Army Regulation   635-200 (Active Duty Enlisted Administrative Separations) by reason of failure to meet procurement medical fitness standards and that his character of service was "uncharacterized."  It shows he completed a total of 1 month and 15 days of creditable service and that he was not transferred to the U.S. Army Reserve, nor did he have a Reserve obligation termination date.

10.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are 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 conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 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 of enlistment, 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 (entry level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.

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.  It provides for medical evaluation boards, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3 of Army Regulation 40-501.

12.  Army Regulation 635-40 states, in pertinent part, that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.  Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.  Likewise, manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service.  

13.  According the U.S. Department of Health and Human Services, National Institutes of Health, National Heart, Lung, and Blood Institute, Diseases and Conditions Index, asthma is a chronic (long-term) lung disease that inflames and narrows the airways.  Asthma causes recurring periods of wheezing (a whistling sound when you breathe), chest tightness, shortness of breath, and coughing. The coughing often occurs at night or early in the morning.  Asthma affects people of all ages, but it most often starts in childhood.  In the United States, more than 22 million people are known to have asthma.  The exact cause of asthma is not known.  Researchers think a combination of factors (family genes and certain environmental exposures) interact to cause asthma to develop, most often early in life.  These factors include:  An inherited tendency to develop allergies, called atopy, parents who have asthma, certain respiratory infections during childhood, contact with some airborne allergens or exposure to some viral infections in infancy or in early childhood when the immune system is developing. If asthma or atopy runs in the family, exposure to airborne allergens (for example, house dust mites, cockroaches, and possibly cat or dog dander) and irritants (for example, tobacco smoke) may make the airways more reactive to substances in the air one breathe.  Different factors may be more likely to cause asthma in some people than in others. 

DISCUSSION AND CONCLUSIONS:

1.  Medical research indicates that the exact causes of asthma are unknown.  However, researchers think a combination of factors (family genes and certain environmental exposures) interact to cause asthma to develop, most often early in life.  

2.  The evidence of record shows the applicant suffered from a medical condition – asthma.  His EPSBD clearly established that he suffered from a disqualifying medical condition that existed prior to his service.  Because this condition was identified within his first 180 days of service, his discharge was appropriately characterized as an entry-level character of service (uncharacterized).

3.  He was counseled regarding his rights and understood that legal advice of an attorney employed by the Army was available to him or that he also could consult with a civilian counsel at his own expense.  He concurred with the recommendation of the EPSBD and requested discharge from the Army without delay.  All requirements of law and regulation and the rights of the applicant were fully protected throughout the separation process.

4.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  

5.  The entry-level separation is given regardless of the reason for separation.  This uncharacterized discharge is neither positive nor negative; it is not derogatory.  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

6.  The ABCMR does not correct records for the purpose of establishing entitlements to other programs or benefits.  The applicant has not shown an error or an injustice and he did not provide any evidence or sufficiently mitigating argument to warrant a change in the narrative reason for separation.  Therefore, he is not entitled to relief.

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)                                         AR20100016912



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ABCMR Record of Proceedings (cont)                                         AR20100016912



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