IN THE CASE OF: BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015479 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015479 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. IN THE CASE OF: BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015479 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * her characterization of service as honorable vice uncharacterized * the narrative reason for separation as "service-connected disability" instead of "did not meet procurement medical fitness standards - no disability" 2. The applicant states: a. Her discharge was honorable. The reason she was discharged from the Army was because after going into the gas chamber during basic training (BT), she experienced severe breathing problems and uncontrolled coughing. According to the inpatient medical record from Moncrief Army Hospital (MAH), Fort Jackson, SC, Dr. MD diagnosed her with vocal cord dysfunction caused by her severe coughing, shortness of breath, and bronchial problems which led to her discharge on 24 June 1992. b. On 4 June 1992, she was diagnosed with return of respiratory airway disease (RAD) by Dr. WRU during a medical consultation. After the gas chamber incident, she was admitted to the hospital on several occasions. The consultation referred her for respiratory therapy to take place on 11 June 1992. The fact that she was diagnosed with RAD based on her severe coughing, severe breathing problems, and bronchospasms, which were uncontrolled to the point that she had to undergo ineffective respiratory therapy and caused her to be discharged from the Army, deems this illness service-connected. c. She is also providing documentation from the Medical Center of Delaware showing she had weekly allergy shots for coughing and breathing problems, along with bronchospasms, and was diagnosed by Dr. ECV with extrinsic asthma, acute exacerbations, and bronchospasms. She entered the Army in good physical condition as evidenced by her passing the physical fitness tests on the report of medical examination from the Philadelphia Military Entrance Processing Station (MEPS). She was not discharged with the same condition she had when she entered the Army and was discharged due to a service-related disability, vocal cord dysfunction. 3. The applicant provides: * DD Form 214 * one page of Standard Form (SF) 88 (Report of Medical Examination), dated 30 September 1991 * nine pages of medical records/forms, dated between 4 June 1992 and 4 December 2014 * DA Form 3647 (Inpatient Treatment Record Cover Sheet), dated 24 June 1992 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. On 30 September 1991, in conjunction with the applicant’s enlistment in the U. S. Army Reserves (USAR) she completed SF 93 (Report of Medical History) wherein she indicated her health was good, she had sinusitis, she was taking antibiotics and a decongestion for sinusitis, and she had surgery in 1987 for sinus drainage due to a bacterial infection. 3. In an SF 88, dated 30 September 1991, the examining physician noted the applicant had decreased visual acuity and she was qualified for USAR service. 4. On 30 September 1991, she enlisted in the USAR. On 22 May 1992, she entered initial active duty for training (IADT) and was assigned for BT to the 4th Battalion, 13th Infantry Regiment, 1st BT Brigade, Fort Jackson, SC. 5. The applicant provides: a. An SF 513 (Consultation Sheet), dated 4 June 1992, wherein a physician's assistant (PA), Mr. WRU, requested a routine consult for the applicant with the Respiratory Therapy section to rule out RAD (emphasis added). b. A DA Form 3982 (Medical and Dental Appointment) that shows she had an appointment scheduled for 0730, 11 June 1992, with Respiratory Therapy, Internal Medicine Clinic, MAH, Fort Jackson. 6. On 8 June 1992, an Entrance Physical Standards Board (EPSBD) convened at MAH to determine if the applicant was medically fit for retention. The DA Form 4707 (EPSBD Proceedings) shows after careful consideration of medical records, laboratory findings, and medical examinations, the board found the applicant was medically unfit for enlistment in accordance with medical fitness standards and her condition existed prior to service (EPTS). 7. The DA Form 4707 shows the evaluating physicians stated, in part: a. The applicant's past medical history was negative except for a history of sinusitis; there was a positive finding of asthma. She complained of shortness of breath at rest and with exercise; she was treated for bronchitis with no relief of symptoms. The applicant was in no acute distress, well developed, and well nourished. Her head, ears, eyes, nose and throat (HEENT) were within normal limits except wheezing from the vocal cords. Lungs, clear to auscultation, bilaterally. Cardiovascular, had regular rate and rhythm without murmur. The laboratory and x-ray results showed no RAD and she was diagnosed with vocal cord dysfunction. b. It was recommended that the applicant be separated for failure to meet medical procurement standards under the provisions of Army Regulation (AR) 40-501 (Standards of Medical Fitness), paragraph 2-28b. The condition was EPTS and was service aggravated. The applicant did not meet medical retention standards under the provisions of AR 40-501, chapter 3. 8. On 10 June 1992, the applicant checked the appropriate block on the DA Form 4707 to indicate she concurred with the board findings and recommendations and she requested to be discharged from the USAR without delay. 9. On 15 June 1992, she was counseled by the USAR Liaison concerning her pending separation from the military by reason of an EPTS medical condition. The liaison stated the applicant understood that if separated she would receive no military benefits. The USAR Liaison concurred with the applicant's request for separation. 10. On 15 June 1992, she was counseled by her immediate commander of her option to request retention on active duty or separation from the USAR due to failing to meet medical standards that existed when she entered active duty. He stated the applicant had requested separation and, after careful consideration of all factors, he concurred with her request. 11. On 16 June 1992, her senior commander recommended approval of the applicant's request for separation and stated her medical condition did not support retention. 12. On 16 June 1992, the separation authority approved the applicant's request and directed she be discharged. On 24 June 1992, she was discharged accordingly. 13. The DD Form 214 she was issued shows she was discharged from active duty and the USAR under the provisions of AR 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, by reason of did not meet procurement medical fitness standards - no disability. She completed 1 month and 3 days (34 days) of active duty service and her service was uncharacterized. Item 26 (Separation Code) of her DD Form 214 contains the entry JFT. 14. The applicant provides: a. A DA Form 3647, dated 24 June 1992, stating, in part, the EPSBD proceedings were dated 8 June 1992 and the applicant failed to meet medical procurement standards. She was separated on 24 June 1992 under the provisions of AR 635-200, paragraph 5-11. She was diagnosed with vocal cord dysfunction - EPTS and history of sinusitis/asthma - EPTS. b. Medical records, dated 4 December 2014, showing, in part, she was seen at the Northern Virginia Pulmonary and Critical Care Associates, Arlington, VA, on that date for a complaint of shortness of breath. She had been diagnosed with asthma as a child. She stated she was not very active but joined the Army and while in the Army in boot camp in 1992 she was exposed to the gas chamber and could not stop coughing. She was removed from the chamber and went to the medical center. Ever since then, her asthma had been very active. Whenever her asthma acted up, her fibromyalgia acted up and she gets pains in her chest as well as all her joints. REFERENCES: 1. AR 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entrance on active duty or IADT will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, and that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time. b. The Soldier, after being counseled and given the opportunity to obtain legal advice, may sign a statement requesting to complete the period of service for which enlisted or may request immediate separation. c. The characterization of service for Soldiers separated under this provision of the regulation would be uncharacterized if the Soldier was in an entry-level status. Entry-level status is defined as the first 180 days of continuous active duty. 2. AR 40-501, paragraph 2-28b, then in effect stated that causes for rejection for appointment, enlistment, and induction included deformities or conditions of the mouth, tongue, throat, pharynx, larynx, and nose that interfered with mastication and swallowing of ordinary food, with speech, or with breathing. 3. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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 the 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 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. 4. AR 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code "JFT" is the correct code for Soldiers separating under AR 635-200, paragraph 5-11, and "Did not meet procurement medical fitness standards - no disability" is the corresponding narrative reason for separation. DISCUSSION: 1. The evidence of record confirms in June 1992 an EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined her conditions existed prior to her entry in the service. 2. She concurred with the recommendation of the EPSBD and requested discharge from the USAR. She was appropriately discharged from active duty and the USAR on 24 June 1992 under the provisions of AR 635-200, paragraph 5-11, by reason of not meeting procurement medical fitness standards - no disability, with an uncharacterized character of service. 3. Her narrative reason for separation was assigned based on the fact that she was separated under the provisions of AR 635-200, paragraph 5-11, due to her EPTS conditions. This is the only valid narrative reason for separation permitted under this authority. 4. The applicant contends that her discharge resulted from medical problems incurred from the gas chamber. The evidence shows that, while her active duty service may have aggravated her asthma and breathing issues, she had a history of sinusitis and asthma and within 2 weeks of being on active duty she was seen for complaints of shortness of breath at rest and with exercise. 5. With respect to an honorable discharge, as she was discharged while she was in an entry-level status after completing only 34 days of active service, she correctly received an uncharacterized character of service. 6. An uncharacterized character of service is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015479 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015479 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2