BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130021085 


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, voidance of his discharge and reinstatement to active duty.

2.  The applicant states he received several vaccinations while in-processing for basic training, including an influenza vaccine.  He then became ill with the flu virus.  He was discharged for iron-related anemia, a condition that existed prior to service (EPTS).  No rapid influenza test was performed which would have proven his red blood cell count was low due to infection from the flu virus.  He has never had or been diagnosed with such a condition and tests conducted subsequent to his discharge indicate he does not have that condition.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), Entrance Physical Standards Board (EPSBD) Proceedings, Report of Medical Assessment, military medical records, and civilian laboratory results dated subsequent to his discharge.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 January 2013 for a period of 3 years and 17 weeks and training as an armor crewman.  He was transferred to Fort Benning, Georgia, to undergo one-station unit training.

2.  On 11 February 2013, an EPSBD conducted at Fort Benning determined that the applicant's laboratory results, combined with his symptoms, indicated he suffered from an iron deficiency and diagnosed him as having iron-deficiency anemia.  The EPSBD determined he did not meet medical fitness standards and his condition EPTS.  The EPSBD recommended his immediate separation from the service.

3.  On 28 February 2013, the applicant concurred with the findings and recommendations of the EPSBD and indicated he did not desire to remain on active duty and desired separation without delay.

4.  The EPSBD findings and recommendation were approved and he was discharged on 14 March 2013 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, by reason of "Failed Medical/Physical/Procurement Standards."  He completed 2 months of active service and his service was uncharacterized.  He was assigned a reentry eligibility (RE) code of "3."

5.  The documents provided by the applicant from a civilian oncologist, dated 25 March 2013, indicate the applicant has no major ongoing problems.

6.  Army Regulation 635-200 sets forth the policy for the separation of enlisted personnel.  Paragraph 5-11 provides the criteria for the separation of personnel who did not meet procurement medical fitness standards when accepted for enlistment.  It states that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities within 6 months of initial active duty training that would have temporarily or permanently disqualified the member for entry into military service had it been detected at the time of enlistment.  While an honorable or general discharge may be issued when clearly warranted by unusual circumstances involving personal conduct and performance of duty, personnel who are in an entry-level status (ELS) will receive uncharacterized service.  An honorable discharge is rarely ever granted during the ELS period, which comprises the first 180 days of continuous active service or the first 180 days of continuous active service after a break in service of more than 92 days.

7.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered military service.  Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.  Likewise, manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service.

8.  Pertinent Army regulations provide that individuals will be assigned RE codes prior to discharge or release from active duty 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 processing in 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 time of separation, but disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted.  A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was unjustly discharged for a condition that did not exist and should be reinstated to active duty has been noted and appears to lack merit.  The applicant was diagnosed with an anemia disorder barely 2 months after he enlisted that in all likelihood EPTS.

2.  The applicant was properly diagnosed by a EPSBD as having an anemia disorder that EPTS.  He concurred with the findings of the EPSBD, he never contested at the time that he did not have that condition prior to enlistment, and he requested separation without delay.

3.  In the absence of evidence to show otherwise, it appears that the applicant's administrative discharge was correct and in conformance with applicable regulations with no indication of any violations of the applicant's rights.

4.  The applicant failed to show through the evidence submitted or the evidence of record that he was improperly diagnosed at the time of his EPSBD.  However, he is not precluded from applying for a waiver of his RE code at a nearby recruiting office if he is otherwise qualified and the needs of the Army at the time justify his return to service.

5.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means that the Soldier has not served on active duty long enough for his or her character of service to be rated.  As a result, there is no basis for granting the applicant's request to void his discharge and reinstate him to active duty.

6.  In the absence of sufficient evidence to show otherwise, there appears to be no basis to grant his request.

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)                                         AR20130021085



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021085



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1