PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:           17 March 1999                   
	DOCKET NUMBER:   AR1999022513

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

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. James P. Steuve		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his reentry (RE) code be changed from RE-3 to RE-1.  

3.  The applicant states, in effect, that he provided inaccurate information pertaining to a personal and family history of asthma to obtain an early out of the military due to his inability to adapt to military life as an 18 year old.  In support of his application, he submits medical documentation dated 1998, a copy of his separation medical examination, the Medical Evaluation Board (MEB) findings, a recommendation for waiver from the National Guard Command and a pulmonary function test conducted in 1997.   

4.  The applicant’s military records show that he enlisted on 31 January 1989 for a period of 5 years.  He successfully completed training and was transferred to Fort Campbell, Kentucky, for duty as an attack helicopter repairer.

5.  The applicant was admitted to the hospital on 20 March 1990 with a chief complaint of asthma.  Medical examinations revealed that the applicant was suffering from bronchial asthma which existed prior to entry into the service.  The examining physician found that the applicant was medically unfit under the provisions of paragraph 3-27, Army Regulation 40-501, and due to his fraudulent medical history data upon entering the service, recommended that he be referred to the MEB and processed for an expeditious discharge.    

6.  On 4 May 1990, MEB Proceedings diagnosed the applicant with bronchial asthma which existed prior to service.  The Board recommended that the applicant be separated in accordance with paragraph 6-3a(2) of Army Regulation 40-3.  The appropriate authority approved the findings and recommendation of the MEB on 4 May 1990 and the applicant concurred with the findings and recommendations as well.

7.  On 8 May 1990, the applicant requested an expeditious discharge for physical disability based upon the findings and recommendations of the MEB and waived consideration of his case by the Physical Evaluation Board (PEB).

8.  Accordingly, the applicant was honorably discharged on 31 May 1990 under the provisions of Army Regulation 635-40, chapter 5, due to physical disability prior to entry on active duty – medical board.  He had served 1 year and
4 months of total active service and was issued a reentry code of RE-3.

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 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.
10.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. 

11.  After careful review of the applicant’s personnel records, it was noted that the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) incorrectly shows that he was separated under the provisions of Army Regulation 635-200, chapter 5 instead of Army Regulation 635-40, chapter 5.

CONCLUSIONS:

1.  The applicant was properly discharged per his request and in accordance with applicable regulations with the applicable RE code.

2.  Contrary to the applicant’s contention that he provided inaccurate information pertaining to a personal and family history of asthma to obtain an early out of the military due to his inability to adapt to military life, the Board noted that, at the time of separation, he was diagnosed by a medical board as suffering from a physical disability (bronchial asthma) which existed prior to entry into service.  The applicant concurred with the findings and recommendations of the board as well as waiving his right to a PEB.  In the absence of evidence to the contrary, it must be presumed that the applicant’s physical disability was properly diagnosed and that he was properly discharged in accordance with the applicable regulations with no violations of any of his rights.

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the RE code issued to him at the time of his discharge was in error or unjust.

4.  However, the applicant’s DD Form 214 dated 31 May 1990 does not reflect the correct separation authority.  Accordingly, it would be appropriate to correct his records at this time to show the correct separation authority. 

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated under the provisions of Army Regulation 635-40, chapter 5. 

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

__tsk___  __owt___  ___jps __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022513	
SUFFIX		
RECON		
DATE BOARDED	19990317	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19900531	
DISCHARGE AUTHORITY	AR635-40 CHAPTER 5  	
DISCHARGE REASON	PHYSICAL DISABILITY – EPTS	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.100.03	4	
2.145	998	
3.144	835	
4.100.00	1021	
5.		
6.