IN THE CASE OF:	 

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020930 


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 that will allow him to reenter the military.

2.  The applicant states he:

   a.  Was released from the U.S. Army due to the diagnosis of exercise-induced asthma, but follow-up testing reveals no evidence that he has asthma; 

   b.  Was forced to leave the military after serving successfully in support of Operation Iraqi Freedom and earning several awards to include the Army Good Conduct Medal; 
   
   c.  Began having breathing difficulties near the end of his tour in Iraq and he was ultimately diagnosed with exercise induced asthma, released from the Army, and placed on the temporary disability retirement list (TDRL); 
   
   d.  Was told that if his condition improved he might be able to return to active duty;
   
   e.  Was receiving the wrong medication.  He tried, but was unable to get the Department of Veterans Affairs to change his prescription.  As a result, during reevaluation he was told he was being placed on the permanent disability retirement list because his condition was not improving; 
   
   f.  Has tried to improve himself by enrolling in college and performing physical fitness training on a daily basis.  He believes he is able to pass the Army Physical Fitness Test;
   
   g.  Was informed by local recruiters that he is ineligible to reenlist due to the RE code “4R” on his DD Form 214; and 
   
   h.  Was told by his Congressional Representative to apply to this Board.

3.  The applicant provides a:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* self-authored statement
* letter from the SSM DePaul Medical Group, dated 5 August 2011
* two Pulmonary Function Analyses
* two Bronchochallenge Reports
* two reports from the Laboratory Corporation of America (LabCorp)

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army (RA) on 17 January 2002.

2.  The results of his initial Physical Evaluation Board (PEB) proceedings are not in the available record.

3.  Orders Number 348-0024, issued by Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, dated 14 December 2005, show he was released from assignment because of physical disability incurred while entitled to basic pay and under conditions that permitted retirement, effective 15 January 2006, and placement on the temporary disability retirement list, effective 16 January 2006 with a 30 percent (%) disability rating.

4.  His DD Form 214 also shows he was retired by reason of a temporary disability on 15 January 2006.  He completed a total of 3 years, 11 months, and 29 days of active military service that was characterized as honorable. 

5.  His DD Form 214 also shows in:

* item 23 (Type of Discharge) "Retirement"
* item 25 (Separation Authority) "Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Paragraph 4-24B (2)"
* item 26 (Separation Code) "SFK"
* item 27 (Reentry Code) "4R"

6.  A PEB evaluated his available medical records on 18 August 2009 to reconsider his condition of asthma.  The PEB stated he continued to exhibit symptoms of asthma, but he had had no emergency room visits or hospitalizations and was treated daily with medication.  He remained unfit for further military service due to the inability to do aerobic exercise and don a chemical protective mask.  His condition was considered stable for a final rating.  The board found that he was unfit and recommended a 30% disability rating and permanent placement on the retirement list.  He concurred with the PEB and waived a formal hearing.  

7.  He submitted a letter from the "SSM" DePaul Medical Group, dated 5 August 2011, which explained the results of the pulmonary function analysis administered on 2 August 2011, the Bronchochallenge Report administered on the same date, and the results from LabCorp.  The letter stated:

   a.  He had a normal function at baseline, a normal lung examination with no wheezing or crackles, and a laboratory test that included a normal blood count with no eosinophilia, which is common in asthmatics; 
   
   b.  He had a negative methacholine challenge, which is generally the standard of testing accepted by the U.S. military to identify asthma and determine eligibility for enlistment; and 
   
   c.  Based on his current pulmonary evaluation there was no evidence of asthma or significant obstructive lung disease.  He had a history of smoking and had been advised to remain tobacco free.  There was no evidence of any significant tobacco induced obstructive lung disease at this time and he had no pulmonary contradictions for enlistment in the military at the time. 

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities for separation (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons.  The regulation shows the SPD code of "SFK" as shown on the applicant's DD Form 214 specifies the narrative reason for separation as "Disability, Temporary."  The SPD/RE Code Cross-Reference Table shows the appropriate RE code for the SPD code of SFK is a "4."

9.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes:

	a.  RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be changed to an RE code that will allow him to reenter the Army based on the medical evidence that he provided.

2.  The applicant underwent a PEB that found him physically unfit to perform the duties of his grade and specialty and recommended that he be placed on the TDRL.  At the time of retirement, he received a separation code of "SFK" and an RE code of "4."  The SPD code of "SFK" was the appropriate code to assign Soldiers separating under the provisions of Army Regulation 635-40, paragraph 

3.  Furthermore, such a discharge carries a reentry code of 4.  The SPD and 
RE codes entered on his DD Form 214 are consistent with the reason and authority for discharge.  He was reevaluated by a PEB, found unfit, and permanently retired.

4.  The documents the applicant provided were noted; however, he has established no bases for changing the RE code and narrative reason for separation.  Those codes were assigned based on his medical condition at the time of retirement.

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 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)                                         AR20110020930





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ABCMR Record of Proceedings (cont)                                         AR20110020930



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