IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20110025255


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 item 25 (Separation Authority), item      26 (Separation Code), and item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he had no disabilities when he joined the military, as stated on the Standard Form (SF) 93 (Report of Medical History) he completed for his entrance physical.

3.  The applicant provides:

* DD Form 214
* DA Form 2496 (Disposition Form), dated 8 November 1984, subject: Request for Expeditious Discharge for Physical Disability
* DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated    12 October 1984
* Optional Form 275 (Medical Record Report)
* SF 88 (Report of Medical Examination) and SF 93 (Report of Medical History), dated 12 October 1984
* SF 88 and SF 93, dated 7 July 1983

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 enlisted in the Indiana Army National Guard (INARNG) on      12 July 1983.  On 19 February 1984, he entered initial active duty for training, for the purpose of attending basic and advanced individual training (AIT).  

3.  On 12 October 1984, an MEB convened at Fort Gordon, GA, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB determined he was unfit for worldwide military duties and unfit for enlistment.  His narrative summary (NARSUM) shows:

* for at least 5 years the patient [applicant] had hay fever symptoms including rhinorrhea and itchy eyes which were predominantly seasonal during the spring and summer months
* during the same time he noted chest tightness and occasional wheezing with athletic exertion
* he was also bothered for several years with coughing, sneezing, and wheezing after exposure to dust
* he underwent an allergy evaluation in 1979 with multiple skin tests that were positive to a variety of pollens and grasses
* he underwent allergy shots for approximately 1 year, from 1979-1980, without a clear improvement in his symptoms
* he was previously prescribed a variety of decongestants and antihistamines
* he encountered wheezing during exertion beginning in basic training
* he experienced a continued daily cough for several months 
* he noted continued wheezing during and following physical training
* he was unable to consistently take an oral bronchodilator because of difficulties with nervousness and nausea
* he was placed on a profile of limited physical training and no strenuous duties
* he was diagnosed with allergic rhinitis and bronchial asthma

   `4.  His MEB Proceedings show his diagnoses were determined to have existed prior to service (EPTS).  The MEB recommended his separation in accordance with chapter 5 of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).  

5.  On 6 November 1984, the board's findings and recommendation were approved.  On 8 November 1984, the applicant agreed with the MEB's findings and recommendation, indicated he did not desire to continue on active duty, and requested expeditious discharge from the Army for physical disability.  

6.  On 10 November 1984, he was discharged accordingly.  The DD Form 214 he was issued shows he was honorably discharged under the provisions of chapter 5, Army Regulation 635-40, by reason of physical disability prior to entry on active duty – medical board.  He was assigned the separation code "KFN."

7.  He submitted his SF 93 that was completed during his entrance physical on   7 July 1983.  On this form, he stated he had no prior history of hay fever, sinusitis, shortness of breath, or asthma.  He also stated he had no known allergies.

8.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System 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 MEBs, 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 Army Regulation 40-501(Standards of Medical Fitness), chapter 3.

9.  Army Regulation 635-40, chapter 5, in effect at the time of the applicant's discharge, provided the procedures for the expeditious discharge for disabilities that were EPTS.  It provided that when an enlisted member on active duty was believed to be incapable of performing his or her duties with reasonable effectiveness because of a disability, which was believed not to have been aggravated during any period of active service, the commander concerned would initiate action to request a physical examination.  The medical examination would be forwarded to a medical board for use in consideration of the case and an MEB would be accomplished.  It further stated that when the medical board recommended a member's separation because of medical unfitness which existed prior to entry into military service, or which was incurred when the member was not entitled to basic pay and which had not been aggravated by such service, the medical treatment facility commander would cause the member to be offered the opportunity for expeditious separation, if he or she was otherwise eligible.

10.  Army Regulation 635-5-1 (Personnel Separations – Separation Program Designators), Appendix (Separation Program Designators and Authority Governing Separations), in effect at the time, shows SPD KFN was used to correspond with a discharge involving physical disability that existing prior to entry on active duty and established by a medical board.  The regulatory authority for such discharges was Army Regulation 635-40, chapter 5. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 is incorrect because it states his physical disability existed prior to his entry on active duty, and the SF 93 from his entrance physical does not confirm the existence of any pre-existing condition.

2.  The evidence of record shows he suffered from a medical condition, allergic rhinitis and bronchial asthma, which rendered him unable to satisfactorily perform the duties of his grade and military specialty.  He was evaluated by military physicians and his records were forwarded for consideration by an MEB.  His narrative summary documents his EPTS history of allergies, including previous treatment over the preceding 5-year period.

3.  The MEB diagnosed his condition, found him unfit for entrance or further service, and recommended his separation.  The applicant acknowledged and agreed with the board's findings and recommendation.  He voluntarily requested expeditious discharge by reason of physical disability.  At no time did he contest the history of his illness showing:

* for at least 5 years he had hay fever symptoms including rhinorrhea and itchy eyes which were predominantly seasonal during the spring and summer months
* during the same time he noted chest tightness and occasional wheezing with athletic exertion
* he was also bothered for several years with coughing, sneezing, and wheezing after exposure to dust
* he underwent an allergy evaluation in 1979 with multiple skin tests that were positive to a variety of pollens and grasses
* he underwent allergy shots for approximately 1 year, from 1979-1980, without a clear improvement in his symptoms

4.  His narrative reason for separation was assigned based on his separation under the provisions of Army Regulation 635-40, chapter 5, due to his EPTS condition.  Absent the medical condition, there was no fundamental reason to convene an MEB.  The underlying reason for his MEB was his EPTS condition.  
5.  The applicant's narrative reason for separation includes disability, which is a medical discharge.  The fact that the applicant asserts he was physically fit when he entered the Army is contradicted by the fact that he did not contest the history findings of his preexisting medical condition.  

6.  The only valid narrative reason for separation permitted was "physical disability prior to entry on active duty – medical board," and the appropriate separation code was KFN, which he received.  Therefore, there is neither an error nor an injustice, and there is no basis to grant the requested 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)                                         AR20110024551



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ABCMR Record of Proceedings (cont)                                         AR20110025255



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