| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his DD Form 214 be corrected to reflect a reentry (RE) code of “1” in item 27, vice the “3” entry shown.
APPLICANT STATES: That he was discharged because of a disability that existed prior to service (EPTS) with an honorable characterization of service. His feet condition is now corrected with “custom made arch supports,” which were provided by the Army prior to his discharge. He has requested enlistment in the Marine Corps, but cannot enlist unless his reentry code is changed to “1.”
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army for three years on 3 August 2000.
A 6 August 2001 physical examination indicates that the applicant was referred to a Medical Evaluation Board (MEB) because of severe and persistent bilateral foot pain, which had been present prior to entering the military service. He had been identified as having a foot problem on his entry physical examination; however, he was given a waiver to enlist. He had been seen several times in training for the same complaint without resolution, and had been treated medically since his arrival at Fort Campbell, Kentucky, by the physician assistant in his unit and by podiatry, without resolution of the symptoms. The examination indicates that the applicant underwent physical therapy as well as podiatric evaluation and treatment non-surgically, and there were no improvements in his symptoms. It indicated that the applicant was unable to fulfill his duty in his specialty because of his discomfort in his feet and the limitations in his mobility. He was diagnosed as having severe symptomatic pes cavus, which was medically unacceptable. The condition existed prior to service and a foot abnormality was noted on his entrance physical examination. Initially, he was marked as being not qualified for service, but subsequently granted a waiver to enlist. His condition was not permanently service aggravated. He was given a permanent profile serial of 1 1 3 1 1 1 , limiting him from running, jumping, and marching. He was instructed not to stand for greater than 20 minutes without a 10 minute break. On 25 October 2001 the MEB referred him to the Physical Evaluation Board (PEB).
On 14 November 2001 a PEB determined that the applicant was physically unfit because of his bilateral foot pain secondary to pes cavus. The PEB indicated that his condition existed prior to his service (EPTS), and was not service aggravated. It recommended that he be separated from the service without disability benefits.
The applicant was discharged on 10 January 2002 under the provisions of Army Regulation 635-40, paragraph 4-24b(4). He had 1 year, 5 months, and 8 days of service. His DD Form 214 shows a separation code of “JFM” and a reentry code of “3.”
A memorandum from the Marine Corps Recruiting Station in Clarksville, Tennessee indicates that the applicant would be accepted into the Marine Corps if his RE code was changed from a “3” to a “1.”
Army Regulation 635-5, then in effect, provides instructions for the preparation of the DD Form 214, and states in pertinent part that the proper separation program designator (SPD) code will be entered as reflected in Army Regulation 635-5-1. That regulation prescribes the specific authority, the reasons for the separation of members from active military service, and the separation program designators to be used for those stated reasons. It explains the type of separations used to include mandatory retirement – the retirement or placement of a member on the retired list that is required by law, both permanent and temporary disability retirement. That regulation shows that a soldier discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(4), because of a disability that existed prior to service will have a SPD code of “JFM” entered on his DD Form 214.
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 US 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.
That regulation identifies the reentry eligibility (RE) codes. Those codes are used for administrative purposes only and used for identification of an enlistment processing procedure. The code RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
That regulation also states in pertinent part that prior service personnel will be advised that RE codes may be changed only if they are determined to be administratively incorrect. Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized. Recruiting personnel are authorized to process requests for waiver.
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. The applicant was found to be physically unfit for further military service by a PEB and he was discharged accordingly. His discharge for his EPTS condition was correct. The entries on his DD Form 214, the separation code of “JFM” and the reentry code of “3,” are administratively correct. Notwithstanding his contentions that his bilateral foot condition has been corrected, the applicant’s condition at the time of his discharge warranted a reentry code of “3.” His DD Form 214 is correct. The fact that he wants to enter the Marine Corps is not a good reason to change his reentry code. He has submitted neither probative evidence nor a convincing argument in support of his request.
2. 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.
3. 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
__JLP___ __AAO __ __RKS__ DENY APPLICATION
| CASE ID | AR2002069078 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020604 |
| 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. | 110.00 |
| 2. | 4 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140001034
The applicant requests the DD Form 214 (Certificate of Release or Discharge from Active Duty) of her deceased husband, a former service member (FSM), be corrected to show in item 28 (Narrative Reason for Separation) the entry "Service-connected, received service-connected at 50-percent rating" vice "Disability, Existed Prior to Service, Physical Evaluation Board (PEB)." Physical examination revealed no gross abnormalities: tenderness to palpation of the plantar fasciitis on the right foot...
ARMY | BCMR | CY2010 | 20100026151
Title 10, U.S. 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. On 24 May 1995, he enlisted in the Regular Army as a food service specialist for a period of 3 years and assignment to Europe. The applicant has not provided sufficient evidence to show that the evaluation and the rating rendered by the PEB was incorrect or that he should have received a higher disability rating...
ARMY | BCMR | CY2011 | 20110016581
The applicant requests correction of the narrative reason of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically discharged. This condition existed prior to service (EPTS). The SPD code "JFM" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b (physical disability existing prior to entry on active duty established by PEB proceedings; not entitled to severance pay).
ARMY | BCMR | CY2010 | 20100030376
Army Regulation 601-210 states that any applicant who was last separated or discharged from any component of the Armed Forces for medical reasons with or without disability will require a waiver for enlistment in the Regular Army, U.S. Army Reserve, or Army National Guard. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was found to be unfit for duty. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2010 | 20100016003
Application for correction of military records (with supporting documents provided, if any). The DA Form 3947 (Medical Evaluation Board Proceedings) shows the MEB determined she had symptomatic accessory navicular of the foot that did not exist prior to service and was permanently aggravated by her military service. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows she was discharged under the provisions of paragraph 4-24b(4) of Army Regulation...
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...
AF | PDBR | CY2013 | PD-2013-02293
Foot Condition . It documented hallux valgus and pes cavus (claw foot, congenital) deformitiesof both feet and full ROM of the right ankle and hindfoot.That note itself did not reference trauma, but a follow-up orthopedic entry provided a history of injury to the right foot only. The podiatry addendum 8 months prior to separation documented pain rated “6/10 progressing to 9/10 on his right foot;” with no rest pain of the left foot, but 5/10 pain with activity.
ARMY | BCMR | CY2013 | 20130008218
The applicant requests change of the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "RE-3" to an RE code that will allow him to reenter military service. Table 3-1 includes a list of the RA RE codes and shows that RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. The applicant contends that his RE code should be changed to an...
ARMY | BCMR | CY2006 | 20060014951
Member Mr. Gerald J. Purcell Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he was honorably discharged because of a medical condition that no longer exists. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the...
ARMY | BCMR | CY2011 | 20110001171
The applicant requests: * item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended * entries on his DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) be amended 2. On 29 July 1985, he was discharged for physical disability existing prior to entry determined by a Medical Board (entry level separation). Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "DISABILITY, EXISTED PRIOR TO...