APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude enlistment.
APPLICANT STATES: When he was discharged, he was told that all that was necessary for his return to active duty was a statement from his doctor stating that he was fit for duty. He has secured such a statement, but is unable to return to active duty because of the reentry code on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He was told that this code must be changed to either a 1 or a 2 to permit his return to duty now.
EVIDENCE OF RECORD: The applicant's military and medical records show:
The applicant was born on 7 May 1977. He completed 10 years of formal education. On 11 May 1994, he enlisted in the U.S. Army Reserve (USAR), in pay grade E-1, for 8 years. His Armed Forces Qualification Test score was 78 (Category II). He was ordered to initial active duty for training and completed basic training during the period 14 June 1994 through 29 July 1994. He was advanced to pay grades E-2 and E-3 effective 10 December 1994 and 11 May 1995, respectively. On 9 June 1995, he was ordered to initial active duty for training for approximately 14 weeks or completion of military occupational specialty training.
A Medical Evaluation Board (MEBD), dated 20 June 1995, indicated that the applicants diagnosis was uncontrolled myoclonic jerking of upper extremities; that it existed prior to service (EPTS); that it was not incurred while entitled to base pay; and that it was not permanently aggravated by service. The MEBD recommended that the applicant be separated from service under chapter 5, Army Regulation 635-40. His profile was shown as 131111. That profile indicated no crawling, stooping, running, jumping, marching, or standing for long periods. No strenuous physical activity. No assignment to isolated areas where
definitive medical care is not available. No assignment requiring handling of heavy materials including weapons. No overhead work, no pushups or pullups. The findings and recommendation of the MEBD were approved on 20 June 1995.
On 21 June 1995, the applicant was informed of the approved findings and recommendation of the MEBD. He indicated that he agreed with the MEBDs findings and recommendation. He requested discharge for physical disability based upon the findings and recommendations of the MEBD, and he elected not to exercise his right to a physical evaluation board (PEB). He indicated that he understood that he would be discharged by reason of EPTS physical disability. On 7 July 1995, the applicants separation was approved.
The applicants DD Form 214 indicates that he was discharged on 13 July 1995 under chapter 5, Army Regulation 635-40, by reason of disability, EPTS-MEBD. He had completed 1 month and 5 days active service during that period. He was given a reentry code of 3.
Army Regulation 635-40, chapter 5, provides for separation of an enlisted soldier for non-service aggravated EPTS conditions when the soldier requests waiver of PEB evaluation.
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 USAR. 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.
The reentry code of 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 chapter 4, Army Regulation 601-210 (RA and Army Reserve Enlistment Program). The Army enlistment standards depend upon the needs of the Army at the time of application for enlistment. There is no inherent right by a former soldier to be enlisted in the Army. The Army chooses its enlistees from among those best qualified to meet the Armys requirements. A former soldier should periodically visit his or her local recruiting station so as to keep abreast of the changing recruiting needs of the Army.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and 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. The evidence of record indicates that the applicant voluntarily requested discharge by reason of EPTS physical disability. Therefore, he was discharged and assigned a reentry code in accordance with regulations then in effect.
3. There appears to be no basis for removal or waiver of that disqualification which established the basis for the RE code.
4. In view of the circumstances in this case, the assigned RE code was and still is appropriate.
5. 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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