IN THE CASE OF: BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100013622 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 that his Reentry (RE) Code be changed to a more favorable code. 2. The applicant states that he is physically fit to perform his duties. 3. The applicant provides a letter from a board certified physiatrist and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 29 October 2008 for a period of 4 years and he was transferred to Fort Sill, Oklahoma to undergo inprocessing. 2. On 4 November 2008, while still undergoing reception station processing, he went on sick call complaining of lower back pain radiating down the left leg. 3. On 18 November 2008, an Entrance Physical Standards Board (EPSBD) determined that the applicant was medically unfit for enlistment due to conditions that existed prior to service (EPTS) and recommended that he be discharged. 4. The applicant concurred with the proceedings and requested discharge. The appropriate authority approved the request for discharge on 25 November 2008. 5. On 4 December 2008 the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-11 due to failed medical/physical procurement standards. He had served 1 month and 6 days of active service and his service was uncharacterized. He was issued a separation code of “JFW” and an RE Code of 3. 6. The letter provided by the applicant indicates that he received treatment at a spine center in Cambridge, Massachusetts and that he can perform all activities required by the military. 7. 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 processing into the Regular Army and the United States 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. 8. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office. DISCUSSION AND CONCLUSIONS: 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 that requirement. 2. The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights. 3. The applicant was separated under the provisions of Army Regulation 635-200, chapter 5; therefore, he was properly issued an RE Code of RE-3 in accordance with the applicable regulations. 4. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE Code at the time of his separation. Although he is not precluded from applying for a waiver of his RE Code at a nearby recruiting office, there is no basis for the Army Board for Correction of Military Records to change his RE Code at this time. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20100013622 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100013622 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1