RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 AUGUST 2004
      DOCKET NUMBER:   AR2003099128


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his RE (reentry) Code be changed from RE-3
to RE-1 to permit him to reenlist.

2.  The applicant states, in effect, that he attempted to have his military
specialty changed but was “forced to take [a] discharge.”  He states he was
told he was “not fit” for any MOS (military occupational specialty).

3.  The applicant provides a self-authored statement and a statement from
his mother regarding his attempt to remain in the military and train in
another specialty.  He also submits copies of several radiologic
examinations completed prior to his separation from active duty.

CONSIDERATION OF EVIDENCE:

1.  Documents available to the Board indicate that the applicant entered
active duty on 8 April 2002 for a period of 4 years.  His enlistment
contract indicated that he enlisted for training as a 19D with a cash bonus
of $9000.00.

2.  Although the applicant’s service medical files were not available to
the Board, the radiologic reports provided by the applicant indicate that
he underwent evaluation for pain in his right hip and lower leg pain on 5
August 2002, and lower back pain on 7 August 2002.

3.  A 7 October 2002 sick slip, completed at Fort Knox, Kentucky, notes
that the applicant was permitted to do sit ups and partial sit ups, push
ups and modified push ups, run and walk at his own pace, and ride a
stationary bike.  He was also permitted to do weight training and apply ice
to his back.  The profile was valid until 16 October 2002.  The evaluating
physician indicated that the applicant could start to “ramp up activities”
with eventual return to full duty, but if not returned to full duty would
“consider other.”

4.  The statements submitted by him and his mother were authored in October
2002 and both essentially request that the applicant be permitted to remain
in the military with training in a non-combat specialty.

5.  On 26 February 2003 the applicant was discharged under the provisions
of Army Regulation 635-200, paragraph 5-11 for failing to meet procurement
medical standards.  His service was uncharacterized and he received a RE
Code of “3.”  Documents associated with the applicant’s administrative
separation processing were not available to the Board.  The applicant had
10 months and 19 days of active Federal service at the time of his
discharge.

6.  In October 2003 the Army Discharge Review Board concluded that the
applicant’s discharge was proper but that he should have received an
honorable characterization of service.  His separation document was changed
accordingly.

7.  Army Regulation 635-200, paragraph 5-11, stated that members who were
not medically qualified under procurement medical fitness standards when
accepted for initial enlistment will be discharged when medical
proceedings, regardless of the date completed, establishes that a medical
condition was identified by appropriate military medical authorities within
6 months of the member’s initial entrance on active duty, which would have
disqualified him for entry into the military service had it been detected
at that time.

8.  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 United States Army Reserve.
Chapter 3 of that regulation prescribed basic eligibility for prior service
applicants for enlistment.  That chapter included a list of armed forces RE
codes, including RA RE codes.  RE-3 applies to those individuals who were
not considered fully qualified for reenlistment or continuous service at
the time of separation, including individuals involuntarily discharged as a
result of pre-existing medical conditions.

9.  Army Regulation 601-210 also states that RE codes may be changed only
if they are determined to be administratively incorrect.  Individuals who
have correct RE codes will be processed for a waiver at their request if
otherwise qualified and waiver is authorized.  It specifically notes that
no requirement to change an RE code exists to qualify for enlistment.  Only
when there is evidence to support an incorrect RE code or when there is an
administrative error will a request for correction be initiated.  The RE-3
code is waivable.  Army Regulation 601-210 which establishes the policies
and provision for the enlistment of prior and non-prior service members in
the Army, states that any applicant for enlistment, 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 into the
Regular Army or Army Reserve.




DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, the applicant’s separation
for failing to meet procurement medical fitness standards is presumed to
have been proper and accomplished in compliance with applicable
regulations.

2.  The applicant’s separation would have been based on the fact that a pre-
existing medical condition was sufficiently painful that he was unable to
complete training.  The fact that he wished to remain in the Army or
attempt training in another specialty would not have been germane to his
separation processing.  The Army has an obligation to release individuals
whose medical conditions might further aggravate the condition and/or
ultimately jeopardize the health of the individual, if permitted to remain
under the rigors of a military environment.

3.  The applicant was involuntarily separated from active duty for failing
to meet procurement medical standards and as such received an RE-3.  The RE
code was proper, based on the reason for his separation.  The fact that the
applicant may wish to return to an active status does not invalidate his
existing RE Code, or serve as a basis to change his correctly assigned RE
Code.

4.  The applicant is advised that his RE Code may be waivable and that he
may wish to contact his local Armed Force Recruiting Office to pursue a
waiver request for the purpose of returning to military service.

5.  In order to justify correction of a military record the applicant must
show, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__FE ___  ___CG __  __WP___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            _____ Fred Eichorn_ ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099128                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040819                                |
|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.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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