IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100027903 


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, correction of item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was not medically discharged so he is able to enlist in the U.S. Coast Guard.

2.  The applicant states he is unable to reenlist in the service due to his medical discharge.  He enlisted in the Army National Guard (ARNG).  In February 2004, when he got to basic training, he was asked if there was anything in his medical history that he had not disclosed.  He told the doctor he had an allergy to bees as he had an allergic reaction to a bee sting when he was 15 years of age and had to go to the emergency room.  He further states, based on his allergy to bee stings, he was discharged from the Army and the ARNG.  His military record is unjust as he is an able-bodied, determined man who wants to serve his country in the U.S. Coast Guard.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the ARNG on 3 September 2003.  He subsequently entered active duty for training on 24 February 2004.

3.  The specific facts and circumstances surrounding his separation are not available for review with this case.  However, his record contains a properly-constituted DD Form 214 that shows he was released from active duty on 23 March 2004 under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 5-11, for failure to meet procurement medical fitness standards.  His character of service was uncharacterized and his reentry code was annotated as not applicable.  He served a total of 1 month of creditable active service. 

4.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically 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.  Entry level status is defined as the first 180 days of continuous active duty.  

5.  Army Regulation 40-501 (Standards of Medical Fitness) states a history of anaphylaxis, including anaphylaxis due to venom (including stinging insects) 
does not meet medical procurement standards

DISCUSSION AND CONCLUSIONS:

1.  Although the facts and circumstances surrounding the applicant's discharge are not available for review with this case, his properly-constituted DD Form 214 shows he was released from active duty on 23 March 2004 under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet procurement medical fitness standards.  It appears he was found medically unqualified for service immediately after reporting for training by reason of a disqualifying medical condition that existed prior to his service.  

2.  The applicant stated he had an allergy to bees as he had an allergic reaction to a bee sting requiring emergency room treatment.  Therefore, he did not meet medical procurement standards and he received the appropriate reason for separation associated with his release from active duty.

3.  The ABCMR does not establish eligibility for entry into the Army or other services nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are required to process requests for enlistment waivers, if applicable. 

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)                                         AR20100027903





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ABCMR Record of Proceedings (cont)                                         AR20100027903



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