MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           19 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002071028

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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:  That all references to "asthma" be expunged from his service records.

APPLICANT STATES:  That he was incorrectly assessed as having asthma based on a "brief evaluation by Army medical personnel."  He notes that he was discharged "as unfit to serve, an opinion that prevailed for 5 years."  He notes in August 2001, following a series of medical visits, it was "conclusively deduced" that he does not have asthma and that "a misdiagnosis has occurred."  In support of his request he submits a January 2002 statement from a physician who notes the applicant was evaluated "for a misdiagnosis of asthma" and that tests "show no evidence of asthma as well as no evidence of any pulmonary disease."  He also includes the results of a "Plethysmograph Report."

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

He enlisted in the Army Reserve in June 1996 and was ordered to active duty for the purpose of undergoing training on 12 November 1996, when he was 20 years old.  His entrance physical examination, conducted in June 1996, noted the applicant was in good health, with "no significant medical history."  He was found medically qualified for enlistment.

On 27 November 1996 an Entrance Physical Standards Board noted that the applicant "has been complaining of chest tightness, shortness of breath and wheezing since his arrival" at Fort Leonard Wood, Missouri and "for approximately seven days prior to his evaluation" at the medical clinic.  The evaluating physician noted that the applicant showed an "exercise history" which "includes symptoms within minutes of beginning an exercise period and lasting 10to 15 minutes post cessation."  His past medical history included "symptoms prior to his induction into the military" which was "confirmed" by the applicant's mother via a telephone conversation.  The applicant was diagnosed with asthma, which was determined to have existed prior to his enlistment (EPTS).  The evaluating physician recommended the applicant be discharged as a result of his EPTS condition.

The applicant concurred with the findings and recommendation of the Entrance Physical Standards Board and requested that he "be discharged from the Army without delay."

On 18 December 1996 the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failing to meet procurement medical fitness standards.

Army Regulation 635-200, paragraph 5-11, stated that members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be discharged when medical proceedings, regardless of the date completed, establishes that a medical condition was identified by appropriate military medical authorities within 6 months of the member’s initial entrance on active duty, which would have disqualified him for entry into the military service had it been detected at that time.

Army Regulation 601-210, which establishes the policies and provision for the enlistment of prior and non-prior service members in the Army, states that any applicant for enlistment, who was last separated or discharged from any component of the Army Forces for medical reasons, with or without disability, will require a waiver for enlistment into the Regular Army or Army Reserve.

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 applicant’s separation for failing to meet procurement medical fitness standards was proper and accomplished in compliance with applicable regulations.

2.  The applicant’s separation was based on the fact that his exercise induced chest tightness, shortness of breath and wheezing, prevented him from completing his military training.  The applicant concurred with the findings of the Entrance Physical Standards Board and indicated that he did not wish to remain on active duty.

3.  The applicant has provided no evidence, nor does he contend that he was able to complete his military training at the time of his separation.  

4.  The applicant’s subsequent diagnosis, more than 5 years after his separation, is not an indication that he should not have been separated in 1996.  Additionally, the Board notes that his 2002 medical statement merely indicates he showed "no evidence of asthma as well as no evidence of any pulmonary disease" at the time his pulmonary tests were administered.  The statement does not indicate the applicant was not experiencing asthma symptoms in 1996.

5.  The Board also notes that if the applicant desires to return to military service, there are provisions for requesting a medical waiver, and he should be advised to contact his local military recruiter if such is the case.

6.  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 this requirement.

7.  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

__JHL __  __MMD__  __REB __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002071028	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020919	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.