MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 September 2002
	DOCKET NUMBER:   AR2002076002

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Karen A. Heinz		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 his reentry (RE) code be changed from 3 to 1.

APPLICANT STATES:  That his condition is not as severe as indicated on the Entrance Physical Standards Board (EPSBD) Proceedings, DA Form 4707.  He is able to walk and run normally.  He passed the Military Entrance Processing Station physical and no problems were reported that made enlistment impossible.  He provides his enlistment physical and his DA Form 4707 as supporting evidence.

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

He passed his enlistment physical on 25 January 1995.  His feet were noted as normal.  He enlisted in the Regular Army on 2 March 1995.

The applicant was apparently referred to an EPSBD because he had been tripping over both feet.  It was found that his stance as well as his gait showed significant intoeing and significant internal tibial torsion.  On 10 March 1995, an EPSBD recommended he be separated as he did not meet medical fitness standards for enlistment.  On 20 March 1995, the applicant concurred with the proceedings and requested to be discharged without delay.

On 24 March 1995, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-11 (failure to meet procurement medical fitness standards) and was given an RE code of 3.  He had completed 23 days of creditable active service.

Army Regulation 40-501 governs medical fitness standards for enlistment, retention, and separation.  Paragraph 2-10b(9) states that effects of disease, injury, or deformity that prevent running, are accompanied by disabling pain, or prohibit the wearing of military footwear are cause for rejection for enlistment.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 sets the policy and prescribes procedures for separating members 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.  

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 and processing into the Regular Army (RA) and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service but the disqualification is waivable.  

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program. 

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.  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.

2.  In view of the fact the applicant had a medical condition that prevented him from running and presumably marching normally, he should have been disqualified from enlistment.  It is recognized that enlistment physicals are not as thorough as other physical examinations and it is not unexpected that his condition was not discovered until it was actually found that he could not run or march normally (as it appears from the DA Form 4707 that he could not).  When that occurred, he was properly separated for not meeting procurement medical fitness standards and properly given an RE code of 3.  It is noted that the applicant concurred with the board's proceedings.  The applicant was disqualified from reenlistment but the disqualification is waivable.

3.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.  However, it should be understood that if his condition has not changed, if he still cannot run or march normally, it is unlikely that he will be given a medical waiver (from Army medical officials) to enlist.

4.  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

__EJA__  __TBR___  ___KAH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002076002	
SUFFIX		
RECON		
DATE BOARDED	2002/09/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.