IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20080016539
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his reentry eligibility (RE) code be upgraded to one that will allow him to reenlist.
2. The applicant states, in effect, he has a heart murmur. This caused his discharge under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-11, by reason of "failed medical/physical/procurement standards." He would like to rejoin the Army, but he needs a more favorable RE code. He adds that a civilian doctor has given him an endorsement.
3. The applicant provides a letter from a civilian physician from the City of Philadelphia, Department of Public Health, dated 1 July 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 17 July 2006. On 3 October 2006, he was discharged from the DEP and he enlisted in the Regular Army (RA) on 4 October 2006.
2. The applicant was transferred to Fort Jackson, SC, for initial entry training. At Fort Jackson he was diagnosed with medical problems and was determined not to meet medical/physical procurement standards. After only 2 months and 5 days of active service, he was discharged for failing to meet medical/physical procurement standards and given a separation program designator (SPD) code of "JFW" and an RE code of "3."
3. A City of Philadelphia public health doctor stated the Army rejected the applicant because of trace mitral valve regurgitation, trace pulmonary regurgitation, and trace tricuspid regurgitation. The civilian doctor found only a slight cardiac murmur at the sterna border. The civilian doctor recommended the applicant be allowed to enlist.
4. 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 enlisting and processing into the RA and the eligibility for prior-service applicants for enlistment. This regulation includes a list of Armed Forces RE codes and RA RE codes. A separation code of "JFW" applies to persons whose physical condition does not meet procurement requirements. An RE code of RE-3 applies to such persons.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests an upgrade of his RE code.
2. There is no error or injustice associated with the applicant's RE code. He was separated under the authority of Army Regulation 635-200, paragraph 5-11. This separation authority carries an SPD code of "JFW" and an RE code of "3." This RE code makes him ineligible to reenlist; however, the ineligibility is waivable.
3. The applicant provided civilian medical evidence that indicates he should be able to serve in the military without medical problems. The applicant should take his medical documentation to a recruiter and ask the recruiter to file a waiver to permit him to reenlist.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
XXX
_________________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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