BOARD DATE: 7 August 2020 DOCKET NUMBER: AR20180016236 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was characterized as honorable and to show he was discharged for medical reasons APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame 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 that his previously issued DD Form 214 reflected an honorable discharge; however, his most recently issued one reflects “Discharge – Entry Level Status.” 3. A review of the applicant’s available service records reflects the following: a. On 24 May 1984 he enlisted in the Regular Army. b. On 29 May 1984 he reported to the medical treatment facility with complaints off dyspnea and chest pain. His provisional diagnoses reflected asthma and therefore he was recommended for discharge due to a medical condition existing prior to service (EPTS). c. On 7 June 1984 an Entrance Physical Standards Board was conducted wherein it is stated that the applicant was evaluated by Internal Medicine. During this evaluation he stated that he was diagnosed with asthma at birth. Upon examination it was noted that the applicant was wheezing. As a result he was placed on a performance limiting profile and recommended for discharge due to his EPTS medical condition. He concurred with this recommendation and requested to be discharged from the United States Army without delay. His immediate commander also recommended that he be discharged. The discharge authority directed that the applicant be discharged. d. On 14 June 1984 he was credited with 21 days of service and discharged from the Army under the provision of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-11. His DD Form 214 shows in: * Item 24 (Character of Service) –Entry level status * Item 28 (Narrative Reason for Separation) – Did not meet procurement medical fitness standards – no disability 4. The applicant’s records are void of any evidence of a previous period of service. 5. The Army Review Boards Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant's in-service treatment records. The applicant reported a history of asthma since birth with prior use of oral theophylline on a regular basis for exacerbations. His last episode was 3 months prior. He had characteristic symptoms of asthma and testing for lung function confirmed the diagnosis. As a result of the condition assessment during the Entrance Physical Standards Board Proceedings, he was given a permanent P3 physical profile with the limitation of no strenuous physical activity. The asthma condition was determined to have existed prior to service and was not permanently aggravated by service. The applicant had 21 days of active duty. The asthma condition did not meet medical procurement standards. As such, a review of the available documentation did not reveal medical evidence which would support a change in the reason for the discharge in this case. 7. AR 635-200 (Personnel Separations – Enlisted Personnel) paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness) in effect at that time provides that members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will-be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 4 months of the member's initial entrance on active duty which would have permanently disqualified him for entry into the military service had it been detected at that time. Members separated under this provision will be awarded an entry level separation. BOARD DISCUSSION: The Board carefully considered the applicant's request, evidence in the records, and a medical review. The Board concurred with the conclusions of the ARBA Medical Advisor, finding insufficient evidence to support a recommendation to change the character of his service or the reason for his discharge recorded on his DD Form 214. The Board asks the applicant to note that the entry "entry level status" on his DD Form 214 merely means he was discharged within the first 180 days of his service. The service of Soldiers with less than 180 days is service is uncharacterized. The Board also agreed that the narrative reason for separation recorded on his DD Form 214 accurately reflect the reason for his discharge. Based on a preponderance of evidence, the Board determined the record as currently constituted is 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 (Personnel Separations – Enlisted Personnel), paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness), in effect at that time, provides that members who were not medically qualified under procurement medical fitness standards when accepted for initial enlistment will be separated. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 4 months of the member's initial entrance on active duty which would have permanently disqualified him for entry into the military service had it been detected at that time. Members separated under this provision will be awarded an entry level separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016236 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1