| Mr. Carl W. S. Chun | Director | |
| Mrs. Joyce A. Hall | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Jennifer Prater | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
APPLICANT STATES: He contends that he left for boot camp in January 2002.
During his first week at boot camp he participated in the run portion of his APFT. Following the run he was told by his drill sergeant to go to sick call. He was examined and his blood pressure was taken. His blood pressure was slightly elevated (160/100). He was instructed to return that same day to have his blood pressure checked again and checked again the next day. His readings were 164/86 on 29 January 2002 and 150/100 30 January 2002. Both times his blood pressure was slightly elevated. Upon his final examination, he was informed that he had been diagnosed with hypertension and he was being discharged under Army Regulation 635-200 chapter 5-11. He also contends that his understanding of protocol was that his blood pressure should have been taken for a total of five days before a diagnosis is made. At the end of the five days, if the blood pressure was still elevated further testing is to be done. However, in his case this did not happen. In support of his application he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), copies of his DD Form 2808 (Report of Medical Examination) dated 14 December 2001 and a copy of a letter from the Reid Health Service Center, Lackland AFB, TX, dated
7 March 2002, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
EVIDENCE OF RECORD: The applicant's military records show:
After having prior Reserve service the applicant enlisted in the Regular Army on 22 January 2002 for 3 years.
The DD Form 2808, furnished by the applicant shows his blood pressure as
138/82, one year before he entered active duty.
The applicant supplied a letter from the Reid Health Service Center, Lackland AFB, TX, dated 7 March 2002. The letter lists his blood pressure as 154/92 and it also lists subsequent pressure measurements taken in the clinic.
The applicant's medical record and discharge proceedings are unavailable for review.
His DD Form 214 shows that on 8 March 2002, he was discharged under the provisions of Army Regulation 635-200, Paragraph 5-11, for failure to meet procurement medical fitness standards. He completed 1 month and 17 days of creditable active service. His service was uncharacterized and he was assigned RE code 3.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 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. Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within
6 months of the soldier’s initial entrance of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at the time, and the medical conditions does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for soldiers separated under this provision or regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry-level status. (For Regular Army soldiers, entry-level status is the first 180 days of continuous 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 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. 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). Therefore, since enlistment criteria do change, and since the applicant has the right to apply for a waiver, it is suggested that he periodically visit his local recruiting station to determine if he should apply for a 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. There is no evidence in the available records and the applicant has provided no evidence that shows irregularity in his separation.
2. The applicant’s administrative separation was accomplished in compliance with regulations applicable at the time. The narrative reason for separation was appropriate given the circumstances of his separation; therefore, the assigned reentry code of 3 was and still is appropriate. 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.
4. 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.
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
__MKP__ __JP____ _MMB___ DENY APPLICATION
| CASE ID | AR2002073814 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/01/14 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
AF | BCMR | CY2014 | BC 2014 01457
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01457 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be granted a waiver for being twice deferred for promotion to the grade of lieutenant colonel (O-5) while on Active duty so he may transfer to the Air Force Reserve (AFR). Sufficient relevant evidence has been presented to demonstrate the existence of an injustice with regards to the applicants request for a...
ARMY | DRB | CY2005 | 20050006326
The applicant requests that her medical discharge be changed to a medical retirement. On 15 July 2004, a formal PEB found the applicant unfit due to chronic low back pain with no focal neurological deficit with a 10 percent disability rating; unfit due to blood pressure elevations, some associated with headaches, that did not appear to be controlled with outpatient management, no evidence the applicant could do less than 10+ METs (metabolic equivalents), with a zero percent disability...
NAVY | BCNR | CY2002 | 06293-02
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-510 0 JRE Docket No: 6293-02 24 September 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: Ref: Encl: FORMER REVIEW OF NAVAL RECORD (a) 10 U.S.C. He recommended that a waiver of physical standards not be granted. The Board noted that a service member found fit for In Accordingly, he should have been In view of the foregoing, the Board finds the existence...
ARMY | BCMR | CY2010 | 20100028466
This form contains the following information: (1) item 29 (Explanation of "Yes" answer(s)), shows he/his: (a) had a right knee injury in 1992 and still suffered from mild right knee arthritis; (b) had right knee surgery in 1993 and 1995; (c) was allergic to honey and bee stings; (d) prostate cancer caused residual urinary incontinence; (e) high blood pressure controlled by medication; (f) was a patient in 2006 at the VAPHCS, Pittsburgh, PA for care of prostate cancer and a prostatectomy;...
ARMY | BCMR | CY2014 | 20140003321
The applicant requests correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 8 March 2013, to show he received a reentry (RE) Code of "1." An RE Code of "4" is non-waivable. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE Code or that an error or injustice occurred in this case.
Disqualification for worldwide service and continued active duty occurs if the diastolic pressure is consistently more than 110mm Hg following an adequate period of therapy in an ambulatory status. Standards for enlistment in the USAFR require a 5-day blood pressure reading to be recorded. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material...
ARMY | BCMR | CY2007 | AR20070004785C071029
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his reason and authority for discharge be changed and that his reentry eligibility (RE) code be changed from RE-3 to RE-1. The applicant states, in effect, that his Report of Separation and Record of Service (NGB Form 22) indicates that he was discharged by reason of medically unfit for retention.
ARMY | BCMR | CY2011 | 20110019768
Application for correction of military records (with supporting documents provided, if any). A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldiers initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time, and the medical condition does not...
ARMY | BCMR | CY1995 | 9506096C070209
This paragraph requires a member who is determined to be medically disqualified for retention to be discharged or transferred to the USAR Control Group (Retired) (regardless of years of service), unless the member requests, and is granted, a waiver. As such, the Board does not accept his discharge from the AKARNG as evidence of physical unfitness while he was on active duty. This Board accepts the fact that the applicant was not eligible for a disability rating from the Army at the time of...
ARMY | BCMR | CY2011 | 20110012643
The applicant states the Army clearly violated Army Regulation 40-501 (Standards of Medical Fitness) and the UCMJ by requiring a bad conduct discharge (BCD) hearing in order to issue a certificate of unsuitability for enlistment/reenlistment [now known as a bar to reenlistment]. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. Additionally,...