RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 February 2008
DOCKET NUMBER: AR20070013243
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Patrick H. McGann Jr.
Chairperson
Ms. Eloise C. Prendergast
Member
Mr. Michael J. Flynn
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 reentry (RE) code on his DD Form
214 (Certificate of Release or Discharge from Active Duty) with the period ending 4 January 2005 be changed.
2. The applicant states, in effect, that he did not fail the fitness standards, which is stated for the reason for his separation from the military.
3. The applicant provides his DD Form 214; a DA Form 705 (Army Physical Fitness Test Scorecard); an undated DA Form 1966/4 (Record of Military Processing Armed Forces of the United States); and an Honorable Discharge certificate, dated 4 January 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 May 2004. He successfully completed basic training and did not successfully complete advanced individual training.
2. The applicant's separation proceedings are not available.
3. On 4 January 2005, the applicant was discharged, with an honorable discharge, in pay grade E-2 after completing 8 months of creditable active service with no lost time. His DD Form 214 with the period ending
4 January 2005 shows in item 26 (Separation Code) the entry JFW; item
27 (Reentry Code) shows the entry 4; and item 28 (Narrative Reason for Separation) shows the entry FAILURE TO MEET PROCUREMENT MEDICAL FITNESS STANDARDS.
4. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 code is the proper reentry code to assign to Soldiers when the SPD is JFW.
5. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-8 of the regulation states that RE-3 code applies to a Soldier who is not considered fully
qualified for reentry or continuous service at time of separation, but the disqualification is waivable and that RE-4 code applies to a Soldier not qualified for continued Army service and the disqualification is non-waivable.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 of that regulation provides, in pertinent part, that a Regular Army member may be separated for not meeting medical procurement standards if the condition is identified by appropriate medical authorities within 6 months of the Soldiers initial entrance on active duty. The appropriate characterization of service for Soldiers separated under these provisions within their first 180 days of active duty is uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicant's separation processing documents are not available. In the absence of evidence to the contrary, it is presumed that the applicant's separation was accomplished in compliance with applicable regulation and without procedural errors that would jeopardize his rights.
2. Evidence of record shows the applicant was discharged on 4 January 2005 due to failure to meet procurement medical fitness standards. By regulation, this mandated that he be separated from the Army and assigned an RE-3 code.
3. The applicant's DD Form 214 with the period ending 4 January 2005 erroneously shows in item 27 4. The applicant's DD Form 214 is incorrect and should be corrected to reflect the RE-3 code.
BOARD VOTE:
__PHM__ __ECP__ ___MJF__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that item 27 of the applicant's DD Form 214 be corrected to show an RE-3 code.
___Patrick H. McGann Jr._
CHAIRPERSON
INDEX
CASE ID
AR20070013243
SUFFIX
RECON
DATE BOARDED
20 FEBRUARY 2008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
100.0300.0000
2.
3.
4.
5.
6.
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