| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. June Hajjar | Chairperson | |
| Ms. Karol A. Kennedy | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: That his Reentry (RE) code be changed to a code which will allow him to enlist in the Regular Air Force.
APPLICANT STATES: He is currently serving in the Air National Guard and has passed the physical examination for enlistment in the Regular Air Force. He continues that neither the Army or Air Force will accept a request for waiver of his RE code. They will not accept him in their regular force unless the RE-3 code is changed.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 5 January 1994 with approximately 5 ½ years of prior service not on extended active duty in the Army National Guard, was awarded the military occupational specialties of cannon crewmember and material storage and handling specialist, and was promoted to pay grade E-4.
On 23 July 1996 a Medical Evaluation Board (MEB) convened and determined that the applicant was medically disqualified for retention because of flat feet, which were unresponsive to conservative therapy, and mechanical low back pain. The MEB found that the applicant’s low back pain was not significantly interfering with his performance of duties. However, his flat feet limited him to standing for approximately 15 minutes at a time, and precluded him from running, jumping or doing pushups.
The applicant’s records do not contain his Physical Evaluation Board (PEB). However, he was honorably discharged on 2 October 1996 due to “disability, existed prior to service, PEB.” His DD Form 214, Certificate of Release or Discharge from Active Duty, shows that the applicant was assigned a reentry code of RE-3.
On 28 September 2000 the applicant enlisted in the Air National Guard. His records do not contain his physical examination for that enlistment.
Army Regulation 601-210, chapter 4, requires a waiver to enlist in the Regular Army if the individual was last separated due to physical disability, which existed prior to service.
RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable for future enlistment in the Armed Forces.
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. The applicant has not contested the validity of his discharge from active duty, and the Board does not find any error or injustice in his discharge proceedings.
2. Since the applicant’s reason for separation requires a waiver to enlist, he was properly assigned the RE code of RE-3.
3. While the applicant may believe that his current service in the Air National Guard should suffice to show that he is now capable of serving on active duty, that is an issue between him and his recruiters. It would appear reasonable that a soldier who is discharged due to an existing prior to service disability which causes physical unfitness should require a waiver to reenlist. The fact that the recruiters are not granting waivers for waiverable disqualifications may be unfortunate, but it is based on the needs of the service.
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
__kak___ ___rwa__ ___jh____ DENY APPLICATION
| CASE ID | AR2001 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020205 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2011 | 20110002681
On 10 May 1996, he requested discharge for physical disability. His service medical records are not available. The applicant requests that his RE code 4 be changed to 1 or 2 so he may be allowed to enlist in the Army.
ARMY | BCMR | CY2011 | 20110021442
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Congressional correspondence * A Medical Board Summary, dated 22 October 2001 * DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 5 November 2001 * DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 3 December 2001 * DD Form 2808 (Report of Medical Examination), dated 20 November 2001 * DD Form 2807-1 (Report of Medical History), dated 19 November 2001 * DD Form 2697...
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The applicant requests correction of his records to show he was medically retired instead of honorably discharged with entitlement to severance pay. The applicant contends his records should be corrected to show he was medically retired instead of honorably released from active duty. The PEB did so and rated him at 20% for his low back condition.
AF | PDBR | CY2012 | PD-2012-01455
Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, remain eligible for future consideration by the Army Board for Correction of Military Records. The PEB coded the lower back condition as 5299‐5295 at 10% for painful ROM. 3 PD12‐01455 RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of her prior medical separation: 5237 COMBINED 10% 10% Chronic Low...
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It is limited to those conditions determined by the PEB to be unfitting for continued military service and those conditions identified but not determined to be unfitting by the PEB, when specifically requested by the CI. Back pain, along with foot pain, was mentioned in a sick call note in 1999, although the entry elaborated only the foot complaint. An individual with a complaint of chronic low back pain, a normal objective examination, and normal objective testing is normally not referred...
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CI CONTENTION : “I would like to PDBR to consider all conditions in my PEB/MEB as being unfitting for Military duty and rated accordingly.” The CI also attached 18 pages to his application which was reviewed by the Board and considered in its recommendations. The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting...
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