| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Stanley Kelley | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his reentry (RE) code be changed from RE-3 to RE-1.
APPLICANT STATES: That he was discharged under false conditions set by the Army doctor. He adds that he wants to return to the military. In support of his application, he provides a copy of a document, dated 11 September 2001, from the Orthopaedic Surgery Clinic, Naval Medical Center - Portsmouth, Portsmouth, New Hampshire, diagnosing him with subjective lower back pain.
EVIDENCE OF RECORD: The applicant's military records show:
On 14 July 1999, he underwent an entrance physical examination for enlistment in the US Navy. He was rejected due to a musculoskeletal abnormality (lordosis, or swayback). On 25 April 2001, he enlisted in the Regular Army for 6 years.
The applicant underwent initial entry training at Fort Benning, Georgia. He was then transferred to Fort Eustis, Virginia, for training in military occupational specialty (MOS) 68Y (Armament/ Electrical/Avionics System Repairer - AH64 Apache Helicopter).
The applicant's records do not contain documentation outlining his release from active duty. However, his records do contain a properly completed and signed DD Form 214 (Certificate of Release or Discharge From Active Duty) which indicates that he was separated on 22 March 2002 under the provisions of chapter 5, Army Regulation (AR) 635-40, by reason of "Disability - Existed Prior to Service [EPTS] - Medical Board." His RE code is RE-3.
AR 635-40, Physical Evaluation for Retention, Retirement, or Separation, establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a soldier is found unfit because of physical disability, this regulation provides for disposition of the soldier according to applicable laws and regulations. Chapter 5 provides for separation of an enlisted soldier for non-service aggravated EPTS conditions when soldier requests waiver by a Physical Evaluation Board.
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 Army. Chapter 3 prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes. RE-3 applies to individuals who are ineligible to reenter the Army, but the disqualification is waivable.
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 had an EPTS medical condition, lordosis, which disqualified him for enlistment in the US Navy in 1999. In 2001, he enlisted in the Regular Army for 6 years and training in MOS 68Y.
2. The applicant's pre-existing medical condition became a problem and he was separated under the provisions of AR 635-40 and assigned an RE code of RE-3. Although his separation packet is not contained in the records, the Board presumes regularity in the discharge process. The Board notes that RE-3 is the correct RE code for the applicant's narrative reason for separation.
3. The applicant is advised that although the Board has determined that his
RE-3 code was properly assigned, this does not mean that he is totally disqualified from reenlistment. The disqualification upon which the RE-3 code assignment was based may be waived for reenlistment. The applicant is advised that if he desires to reenlist, he should contact a local recruiter who can best advise him on his eligibility for reenlistment. Those individuals can best advise a former service member as to the needs of the service at the time and may process reenlistment waivers for RE codes.
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
__SK____ __CJP___ __JTM___ DENY APPLICATION
| CASE ID | AR2003083776 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030911 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060001618C070205
His record does include a separation document (DD Form 214) that confirms on 28 May 2004, he was discharged under the provisions of chapter 5, Army Regulation 635-40, by reason of a disability, that existed prior to his service-medical board. By regulation, the RE-3 code is the proper code to assign members separating under the provisions of chapter 5, Army Regulation 635-40, by reason of an EPTS disability. The medical examination now provided by the applicant does not call into question...
ARMY | BCMR | CY2009 | 20090003884
The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon his discharge confirms he was separated in the rank of private/E-1 under the provisions of paragraph 5-4, Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of "disability, existed prior to service - medical board." However, by regulation, RE-3 is the proper code to assign to members who are discharged under the provisions of chapter 5, Army...
ARMY | BCMR | CY2007 | 20070016205
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 9 February 1968, a Physical Evaluation Board found the applicant to be unfit and recommended his separation without entitlement to disability benefits. The correct authority was Army Regulation 635-40, chapter 9 and not Army Regulation 635-200.
ARMY | BCMR | CY2007 | 20070016205
On 9 February 1968, a Physical Evaluation Board found the applicant to be unfit and recommended his separation without entitlement to disability benefits. The correct authority was Army Regulation 635-40, chapter 9 and not Army Regulation 635-200. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11c of his DD Form 214 to delete the entry, AR 635-200 and add the entry, chapter 9, AR 635-40. ____Frank C....
ARMY | DRB | CY2005 | 20050000810C070206
He also indicated that his recruiter asked him about his medical condition and he had informed him that he did not have any medical condition. There is no evidence, and the applicant submitted none, to support his allegation that the Army sent him to Albany, New York, to reenlist; that he was scheduled to take a mini medical examination but was later told he had to undergo a full physical examination and obtain a waiver from the SGA; that a request for waiver was submitted ; that he waited...
ARMY | BCMR | CY2005 | 20050000810C070206
He also indicated that his recruiter asked him about his medical condition and he had informed him that he did not have any medical condition. There is no evidence, and the applicant submitted none, to support his allegation that the Army sent him to Albany, New York, to reenlist; that he was scheduled to take a mini medical examination but was later told he had to undergo a full physical examination and obtain a waiver from the SGA; that a request for waiver was submitted ; that he waited...
ARMY | BCMR | CY2005 | 20050000810C070206
The applicant states that he was discharged on 30 June 2003 from active duty (AD) with a medical discharge for glomerulonephritis, a kidney disease. He also indicated that his recruiter asked him about his medical condition and he had informed him that he did not have any medical condition. The evidence shows that the applicant was discharged under the provisions of Army Regulation 635-40, chapter 5, for disability, EPTS- Medical Board.
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 | CY1996 | 9605816C070209
APPLICANT REQUESTS: In effect, correction of appropriate military records to show a reentry eligibility (RE) code which would allow enlistment. The MEBD recommended that the applicant be separated from service under chapter 5, Army Regulation 635-40. 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 | BCMR | CY2009 | 20090009305
The applicant requests correction of his official military records to show that his migraine headaches, which caused him to be discharged by reason of physical disability, did not exist prior to service (EPTS). The applicant contends that his official military records should be corrected to show his migraine headaches did not exist prior to service. Additionally, the applicant was separated and assigned an RE code in accordance with the applicable regulation and there appears to be no...