IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100029488 


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 (RE) code be changed from 3 to 1.

2.  The applicant states at the time of his examination physicians found no substantial evidence to support an asthma diagnosis.  The applicant further states that during his examination at the Entrance Physical Standards Board (EPSBD) the physician noted that he was alert, oriented, and in no acute distress.  "Lungs CTA (clear to auscultation)" at the time of exam.  The applicant states this observation clearly contradicts a diagnosis for reactive airway disease/asthma.  Nor does it substantiate its disposition.

3.  The applicant further states that he can explain his "history of asthma."  His mother lost her first born, and when he (the applicant) as born she was extremely overprotective of him.  She would exaggerate a common cold to an asthma attack and rush him to the hospital.  She would say he was having an asthma attack, and that is what went on paper.  When he joined the Army he did not tell her because he expected the same sort of reaction.  Sure enough, 4 months into training she found out and had an emotional meltdown.  She manipulated the situation so that he would be discharged and supplied the Army with his medical records.  

4.  The applicant also states that he never fell behind in any of their runs, nor did he show any type of respiratory distress.  On the contrary, he excelled in all physical activities, and he is in better shape now than he was then.



5.  The applicant provides:

* Entrance Physical Standards Board (EPSBD) proceedings
* Report of Medical Examination
* Report of Medical History

CONSIDERATION OF EVIDENCE:

1.  On 4 August 1999, the applicant enlisted in the Army.  The applicant did not complete any training; he was separated as private/E-1.

2.  The applicant's enlistment physical examination he was determined to have had no disqualifying medical conditions that would have precluded him from enlisting in the military.

3.  The applicant's EPSBD Proceedings, dated 1 December 1999, show the applicant was age 20 and in his 6th week of basic training when he was seen and evaluated by medical personnel.

4.  The EPSBD Proceedings show that on the day of evaluation the applicant was alert and oriented.  He had no acute distress at the time of examination; however, the medical doctor noted that the applicant's prior civilian records showed he had a history of asthma and multiple emergency visits for asthma prior to enlistment.

5.  The EPSBD determined that the applicant did not meet medical fitness standards for enlistment based on the applicant's history of asthma.  The applicant was issued a permanent physical profile which prohibited him from running, road marching, and all physical training other than noted at his own pace and tolerance.

6.  On 16 December 1999, the applicant signed and concurred with the EPSBD Proceedings.  He also requested a discharge.

7.  On 16 December 1999, the separation authority directed the applicant's discharge under the provisions of Chapter 5-11, Army Regulation 635-200, for failure to meet procurement medical fitness standards with uncharacterized service.  He was assigned a separation program designator (SPD) code of JFW and an RE code of 3.

8.  The applicant provided his medical documents which show his Army physical fitness prior to entry and the results of his EPSBD.

9.  Army Regulation 635-200 (Personnel Separations) provides 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.  

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The regulation in effect at the time, stated that the SPD code of JFW was the appropriate code to assign to Soldiers separated under the provisions of chapter 5-11 of Army Regulation 
635-200, by reason of failure to meet procurement medical fitness standards.  The SPD/RE Code Cross Reference Table in effect at the time established RE-3 as the proper code to assign members separated with this SPD code.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment.  It states that recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his RE code be changed from 3 to 1 was carefully considered; however, there is insufficient evidence to support his request.

2.  The applicant's contentions and his enlistment physical examination results have been noted.  However, there was evidence to show the applicant had a medical condition that existed prior to enlistment.  It appears at the time that he did not give the Army the explanation for that evidence that he now gives.  He did not contest the decision to discharge him for not meeting medical fitness standards for enlistment.  Therefore, he was assigned the appropriate RE code.  He is not entitled to a change of his RE code from 3 to 1.

3.  The applicant is advised that although the RE code of 3 reflects a disqualification there are regulatory provisions which allows him to apply for a waiver to enlist/reenlist.  Therefore, if he would like to reenter the military he should consult with recruiting officials who are responsible for submitting 
RE code waivers.

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)                                         AR20100029488



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ABCMR Record of Proceedings (cont)                                         AR20100029488



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