| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Shirley L. Powell | Member | ||
| Mr. Elzey J. Arledge, Jr. | Member |
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reenlistment 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: That the only reason he separated was because of a simple hernia operation that needed to be taken care of during his basic training. His doctor cleared him for full activity shortly after the operation. He was then and is now in perfect health and he would like to be eligible for reenlistment.
EVIDENCE OF RECORD: The applicant’s military records show:
He enlisted in the Army National Guard on 21 April 1998. He was initially ordered to initial active duty for training (IADT) with a reporting date to basic training of 22 September 1998. He apparently underwent an incisional hernia around October 1998. A doctor's note indicates he was able to return to all activity on 21 October 1998. His report date to IADT was changed to 28 December 1998. He was discharged from the Army National Guard and as a Reserve of the Army on 1 March 1999 for failing to meet medical procurement standards. He was given an uncharacterized description of service and an RE code of 3.
Army Regulation 40-501 governs medical fitness standards for enlistment, retention, and separation. Paragraph 2-3j states that a hernia, other than a small asymptomatic umbilical or asymptomatic hiatal hernia, and a history of an operation for a hernia within the preceding 60 days is a cause for rejection.
National Guard Regulation 600-200 provides policies and procedures for the management of enlisted personnel. In pertinent part, it states that verification of prior service RE codes from the appropriate agencies will be made and it provides a description of RE codes for all Armed Forces.
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 U.S. 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.
Under both Army Regulation 601-210 and National Guard Regulation 600-200, RE code 3 applies to persons not qualified for continued Army service but the disqualification is waivable.
Recruiting personnel (Regular Army, U. S. Army Reserve, and Army National Guard) 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 Army Regulation 601-210 or National Guard Regulation 600-200.
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. 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. In accordance with Army Regulation 40-501, the applicant had a medical condition that was a cause for rejection for enlistment even if it was not discovered until later. The assigned RE code of 3 was and still is appropriate. He was disqualified from reenlistment but the disqualification is waivable.
3. Since the applicant states he no longer has the disqualifying medical condition, and since an individual has the right to apply for a waiver, he should visit his local recruiting station to determine if he should apply for a waiver.
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
_ _FNE _ __SLP__ ___EJA__ DENY APPLICATION
| CASE ID | AR2002077782 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/10/22 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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