BOARD DATE: 10 April 2020 DOCKET NUMBER: AR20180014498 APPLICANT REQUESTS: his uncharacterized discharge be upgraded to a medical discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement, dated 1 October 2018 * Emergency Care and Treatment Records, Fort Sill, OK, dated 23 June 2008 * Medication List, unknown source * Lakeview, dated March FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he failed the 2-mile run portion of his Army Physical Fitness Test (APFT) due his asthma, which severely crippled his respiratory system. His Basic Combat Training (BCT) records should show that he failed his APFT on 23 June 2008. This is the same day he had an asthma attack that sent him to the hospital. He contends that he has been on steroids and asthma prevention medication since that day. After failing his APFT, he was sent to a Fitness Training Unit (FTU) where he spent a month and a half training to pass his APFT, all the while dealing with ongoing asthma issues. His failure did not come from lack of performance but from an illness. He still suffers from asthma, and sometimes, his lungs operate at only 50-percent capacity, as shown on the documentation he provided. 3. The applicant enlisted in the Regular Army on 28 May 2008. During his medical inprocessing the applicant completed a DD Form 2807-1 (Report of Medical History) wherein he indicated in item 10 that he had never had shortness of breath, asthma, or any other breathing problem. 4. His DD Form 2808 (Report of Medical Examination) shows the applicant was found qualified for service with no indication of any respiratory defects. 5. On 16 September 2008, after completing 9 weeks of BCT, and an additional 33 days in the FTU, he was counseled for failing to meet the minimum required standard on five record APFTs. Each time he failed the 2-mile run event. He was referred to his chain of command for further action and possible separation action as appropriate. 6. The applicant's commander notified him on 18 September 2008 that he was initiating action to discharge in accordance with Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 for failure to pass the APFT. His commander stated the applicant had failed his final APFT in his BCT unit on 14 August 2008. The applicant then moved to the FTU to assist him in passing the APFT; however, even with the additional training time, the applicant was unable to pass the APFT. On the same day: a. The applicant's commander advised him he had the right to: * consult with military legal counsel or civilian counsel (at his own expense) * submit statements in his own behalf * obtain copies of the documents supporting his separation that would be sent to the separation authority * request a separation physical if he felt his physical status had changed since his las examination * waive his rights in writing b. The applicant waived his rights and indicated he would not submit a statement in his own behalf. However, on the same day, he drafted a letter stating, that his asthma was preventing him from passing his APFT. He indicated that he had not had problems with his asthma prior to spending the night at the "FOB." In addition, he had made frequent visits to the Troop Medical Clinic and received medication, but the medication was not working. He felt the Army was not taking care of him in training and would not take care of him in the future. He had a fiancée, two children that he needed to take care of, and he had a job waiting on him back home that would be better for his health. c. The applicant acknowledged that he had been advised by his commander of the basis for the contemplated action, and the effects, or the rights available to him, and the effect of any action taken by him in waiving his rights. d. He acknowledged that he was not eligible to enlist in the U. S. Army for two years after his discharge. e. He declined a separation physical and waived his right to consult with counsel. f. His commander formally recommended his separation from the Army, under the provisions of AR 635-200, chapter 11 (Entry Level Performance and Conduct). 7. The separation authority approved the applicant's separation as stated above, and waived a rehabilitative transfer. 8. The applicant was discharged on 1 October 2008, following completion of 4 months, and 4 days of net active service. The DD Form 214 he was issued shows in: * Item 23 (Type of Separation) – Discharge * Item 24 (Character of Service) – Uncharacterized * Item 25 (Separation Authority) – AR 635-200, chapter 11 * Item 28 (Narrative Reason for Separation) – Entry Level Performance and Conduct 9. The applicant provides medical records, which show: * he was treated in Fort Sill, OK, Emergency Room on 23 June 2008, at approximately 2304 hours, for breathing problems related to his asthma, he was told to administer 2 puffs of his albuterol inhaler every 4 hours or as needed and given quarters until noon the next day * a medication list that includes Albuterol, Atrovent, and Prednisone * a diagnosis of asthma from the Lakeview Medical Center that includes respiratory test results, performed on 30 March 2018 10. The Army Discharge Review Board denied the applicant's request for an upgrade of his discharge on 31 May 2018. 11. The record is void of a referral for further evaluation by a medical evaluation board or an entrance physical standards board. 12. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents, the applicant’s iPERMS records and the applicant’s medical records in the Armed Forces Health Longitudinal Technology Application (AHLTA), Health Artifacts Image Management Solutions (HAIMS) and Joint Legacy Viewer (JLV) and made the following findings and recommendations: The applicant, without primary MOS, is requesting a medical discharge contending failure to pass his APFT was due to his inability to complete the 2 mile run of the APFT. He says he could not do this because of his asthma from which he still suffers to this day. He previously applied for upgrade in characterization of service and was denied Dec 2016. JLV search shows the veteran is 50% service connected for Sleep Apnea. During the 25 June 2008 SGT Bleak Troop Med Clinic visit, the applicant old the provider he had childhood asthma and couldn’t remember when he last used an inhaler. He neglected to disclose the Asthma diagnosis and any other breathing difficulties on DD Form 2807-1 (induction exam). That notwithstanding, he played sports in high school and was able to run on a treadmill without issues. However, even with additional training time, he could not complete the 2 mile run. Starting with an ER visit on 23 Jun 2008 (given quarters until noon 24 June 2008 and modified duty until 26 June 2008); he had at least 10 visits until 08 Sept 2008 for breathing problems. The 08 Jul 2008 chest x-ray was normal. 08 Aug 2008 pulmonary function testing was normal. The applicant was asymptomatic during clinic visits and reported breathing problems with exercise, yet inexplicably, the 22 Aug 2008 Exercise Stress Testing findings were NOT consistent with exercise-induced bronchospasm (normal spirometry pre and post exercise). The applicant presented paperwork showing that 10 years post discharge, on 30 Mar 2018 Lakeview Med Center pulmonary function testing was consistent with Asthma. The pre- existing Asthma condition was at least temporarily exacerbated during BCT training. The condition was mild-- only symptomatic with prolonged exercise (outdoors) and not detectable during physical exam or lung testing in a clinical setting at the time. However IAW AR 40-501 Chapters 2-2 and 2-23, the Asthma condition was disqualifying because it was symptomatic and prohibited satisfactory completion of required training. As such, referral to the Army DES for consideration of medical disability is not indicated. 13. AR 635-200 (Active Duty Enlisted Administrative Separations) guidance states: a. A Chapter 11 separation applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry-level status is defined as the first 180 days of continuous active duty. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized. b The mere presence of a medical condition does not, in and of itself, justify a finding of unfitness. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board reviewed the application, all evidence, and the reason for his separation. The applicant’s contentions were carefully considered. In addition, the Board considered his medical records, the review and conclusions of the advising official, and published DoD guidance for consideration of discharge upgrade requests. The Board noted the applicant neglected to disclose the childhood asthma diagnosis and any other breathing difficulties on DD Form 2807-1 (induction exam) and the condition was disqualifying from service. The Board concurred with the medical advisory opinion finding insufficient evidence of in-service mitigating factors to change the applicant’s character of service or the reason for his separation upgrade. The Board found the applicant was in an entry-level status when separated. 2. The governing regulation provides that a separation will be described as an entry- level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. As such, his DD Form 214 properly shows his service as uncharacterized. 3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), sets forth the basic authority for the separation of enlisted personnel. It provides that: a. A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. b. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. d. A Chapter 11 separation applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry level status is defined as the first 180 days of continuous active duty. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized. e. A Paragraph 5–11 (Separation of personnel who did not meet procurement medical fitness standards) applies to 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 entry on active duty (AD) may be separated. Such conditions must be discovered during the first 6 months of AD. Such findings will result in an entrance physical standards board. This board must be convened within the Soldier’s first 6 months of AD, takes the place of the notification procedure required for separation. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority within 6 months of the Soldier’s initial entrance on AD for regular Army RA that would have permanently or temporarily disqualified the soldier for entry into the military service or entry on AD had it been detected at that time; and does not disqualify the Soldier for retention in the military service. The Soldier will be separated within 72 hours following approval by the separation authority. Separations under the provisions of Paragraph 5-1 are entry-level separations. Entry level status is defined as the first 180 days of continuous active duty. The character of service for members separated under the provisions of paragraph 5-11 will be uncharacterized. 3. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states: a. The mere presences of an impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of the physical disability present with the requirements of the duties of the Soldier reasonably may be expected to perform because of their office, grade, rank, or rating. b. Commanders of Medical Treatment Facilities who are treating Soldiers in an assigned, attached, or outpatient status may initiate action to evaluate the Soldier's physical ability to perform the duties of their office, grade, rank, or rating. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014498 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1