IN THE CASE OF:	  

		BOARD DATE:	    15 February 2011

		DOCKET NUMBER:  AR20100022635 


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 his record be corrected to remove his permanent medical disqualification; information regarding his fraudulent enlistment; and 
DD Form 2808 (Report of Medical Examination).  

2.  The applicant states his available record was provided in his Officer Candidate School (OCS) application along with a statement from a military medical doctor who knew him from 2003 through 2009, and recommended him for military service.  He claims the misdiagnosis of Asperger Syndrome resulting in the medical disqualification was asked about by the OCS board since his application mentioned his non-selection for the Reserve Officer Training Corps (ROTC).  He clams this new evaluation directly refutes the conclusion he has Asperger’s.  He further states in the 29 January 2009 psychiatrist consult from the San Antonio Military Entrance Processing Station (MEPS) the examining psychiatrist wrote “ I don’t believe he has Asperger’s nor can I give him a pers d/o diagnosis.”  

3.  The applicant provides the 11 enclosures identified in item 9 of his DD Form 149 and a Congressional Inquiry packet in support of his application.  



CONSIDERATION OF EVIDENCE:

1.  On 8 May 2009, the applicant enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) for the OCS enlistment option.    

2.  On 27 May 1979, the applicant was discharged from the DEP based on his failure to disclose he had been denied entry into the ROTC program based on a medical disqualification during his enlistment processing.   

3.  The applicant's Official Military Personnel File (OMPF) is void of any documents or a packet containing the facts and circumstances surrounding the denial of the applicant's ROTC application or his discharge from the DEP.  

4.  On 17 March 2010, the Chief, Congressional and Special Actions Branch, United States Army Recruiting Command (USAREC) provided information on the applicant's enlistment processing with USAREC, in response to the an inquiry from a Member of Congress submitted on behalf of the applicant.  

5.  The USAREC outline shows that after the applicant enlisted the DEP and prior to his departure for active duty, it was revealed he did not disclose his entire medical history to recruiting officials and he was subsequently discharged from the DEP in accordance with regulatory guidance.  It further shows that after the applicant enlisted in the DEP under the OCS option, the ROTC commander from Texas A&M University contacted the Recruiting battalion commander and informed him that the applicant was previously found medically disqualified for military service during processing for the ROTC program.  Once it was determined the applicant did not disclose this information during his OCS enlistment processing, he was discharged from the DEP.  

6.  The USAREC letter further indicates the applicant again tried to enlist in the Army in January 2010.  At that time the Chief, Medical Officer at the Military Entrance Processing Station (MEPS) found the applicant medically disqualified for enlistment consideration due to his medical history and current behavioral disorder.  It also informed the MOC that the USAREC Surgeon was the sole approval authority for medical waivers on all Army applicants.  Following a review of the applicant's medical waiver, including the psychiatric consult provided by the applicant and an additional consult from the MEPS medical officer, the USAREC Surgeon determined the applicant was not a viable candidate for waiver consideration or enlistment into the Army.  On 3 February 2010, the surgeon disapproved the applicant's medical waiver request.  



7.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, and appointment including officer procurement programs.  Chapter 2 contains guidance on physical standards for enlistment, appointment and induction and identifies disqualifying medical conditions in paragraphs 2-3 through 2-32.  Paragraph 2-27 outlines disqualifying learning, psychiatric and behavioral disorders and states current or history of behavior disorders does not meet the standard for enlistment.  

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA), the U.S. Army Reserve (USAR), and the Army National Guard (ARNG).

9.  Chapter 4 of the enlistment regulation contains guidance on processing waivers.  It states approval authority for medical waivers is the Commanding General (CG), USAREC or equivalent member of the Army National Guard (ARNG).  It further stated the USARC Command Surgeon will act on behalf of the CG, USAREC.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record be corrected to remove his permanent medical disqualification; information regarding his fraudulent enlistment; and DD Form 2808 (Report of Medical Examination) has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, members who have a history or current behavior disorder do not meet medical procurement fitness standards.  Further, the governing regulation establishes the USAREC Surgeon as the proper medical authority to act on all enlistment medical waiver requests on behalf of the CG, USAREC.  

3.  The evidence confirms the applicant was discharged from the DEP based on his not disclosing information regarding his medical disqualification from the ROTC program.  It further shows he again applied for enlistment and that the examining medical officer at the MEPS determined he was not medically qualified for enlistment due to a behavioral disorder.  

4.  The evidence further shows the applicant requested a medical waiver for enlistment and that his packet, including the psychiatric consult he provided, was properly processed and considered by the USAREC Surgeon, who finally concluded the applicant was not a viable candidate for waiver consideration or enlistment into the Army and denied his the medical waiver.  
5.  Absent any evidence of error or injustice related to the applicant's discharge from the DEP or enlistment process, there is an insufficient evidentiary basis to support granting the requested relief.  

6.  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)                                         AR20100022635



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ABCMR Record of Proceedings (cont)                                         AR20100022635



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