MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:         11 February 1999   
	DOCKET NUMBER:   AR1999017369

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, disability separation or retirement.

APPLICANT STATES:  In effect, that he was found medically acceptable for military service but after being diagnosed with “reactive airway disease” he felt pressured into accepting a discharge.  He notes that he had never been told he had such a condition until 6 1/2 weeks after he began basic training.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 8 August 1996.  His enlistment physical examination, conducted on 9 November 1995, notes the applicant had a history of hay fever but was found medically qualified for enlistment.

An entrance physical standards board, conducted on 16 August 1996, noted the applicant was seen by medical personnel “in the 2nd week of his initial enlistment training” and was shown to have “active reactive airway disease/asthma” following a pulmonary function test with exercise challenge.  It was concluded the applicant’s condition existed prior to his entry on active duty and as such he did not meet procurement medical standards.  The board recommended he be separated from active duty.  The applicant concurred with the findings and requested to “be discharged from the US Army without delay.”

On 13 September 1996 the applicant was released from active duty with an uncharacterized discharge under the provisions of Army Regulation 635-200, chapter 5-11 for failing to meet procurement medical fitness standards.

Army Regulation 635-40, paragraph 3-3, provides 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.

Army Regulation 635-40, paragraph B-10, provides that hereditary, congenital and other EPTS conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service aggravated complications are clearly documented or unless a soldier has been permitted to continue on active duty after such a condition, known to be progressive, was diagnosed or should have been diagnosed.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel from active duty.  Paragraph 5-11 provides for the early separation 

(within the first six months) of those individuals who were not qualified under procurement medical standards, who manifested symptoms of medical problems that would have made them not qualified under procurement medical standards or who became not qualified prior to entry.  Although a soldier in such circumstance has a right to request retention, an individual has no right to be retained.  The retention or separation decision is within the cognizance of the appropriate discharge authority.  Except in certain extraordinary cases, uncharacterized entry level separation is mandatory for all individuals who are in an entry level status (within the first 180 of active duty) at the time separation processing is commenced.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The evidence shows that the applicant was diagnosed, within two weeks of his entry on active duty, with a condition which, had it manifested itself prior to his enlistment would have precluded his enlistment.  The fact that the rigors of military service resulted in the manifestation of his pulmonary condition is not evidence that the condition was incurred, or aggravated by such service and as such was not a basis for disability separation or retirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The contention of the applicant that he was harassed and inappropriately discharged is not supported by either evidence submitted with the application or the evidence of record.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____inw_  _vbc____  __cjs___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017369	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990211	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.108.00		
2.		
3.		
4.		
5.		
6.