IN THE CASE OF:
BOARD DATE: 9 April 2009
DOCKET NUMBER: AR20090003582
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, in effect, that the Reentry (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from an RE Code of RE-3 to an RE Code that will allow him to take an Active Guard/Reserve (AGR) assignment.
2. The applicant states since his Regular Army (RA) separation, he has been a member of the US Army Reserve (USAR). He is applying for an AGR assignment and needs to improve his RE Code.
3. The applicant provides no additional information.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the RA from 16 August 1990 through 1 September 1992. He was separated under the provisions of paragraph 5-15, Army Regulation (AR) 635-200, for failure to meet Army body fat composition weight control standards. His DD Form 214 shows a Separation Program Designator (SPD) Code of LFV and an RE Code of RE-3. He was transferred to the USAR Control Group (Reinforcement) to complete his military service obligation.
2. The applicant is currently a member of the 200th Military Police Company, Catonsville, MD. His latest DA Form 2166-8 (NCO Evaluation Report) with an
end date of 30 November 2008, lists his height as 5 feet, 8 inches, and his weight as 200 pounds. This same form alleges he meets Army standards.
3. The applicants records contain a DA Form 1059 (Service School Academic Evaluation Report) with an end date of 17 November 2007. This form states the applicant
failed to meet body composition standards IAW [in accordance with] AR 600-9
[and] failure to meet the initial height and weight and retape
.
4. Army Regulation (AR) 600-9 (Army Weight Control Program) establishes policies and procedures for the implementation of the Army Weight Control Program (AWCP). It states the Army traditionally has fostered a military appearance that is neat and trim. Further, an essential function of day-to-day effectiveness and combat readiness of the Army is that all personnel are healthy and physically fit. Self-discipline to maintain proper weight distribution and high standards of appearance is essential to every individual in the Army. It provides a weight for height table which states a male Soldier of the applicants age and height may weigh no more than 181 pounds.
5. AR 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 contains the policy for the separation of personnel who did not meet procurement medical fitness standards. It states that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty, may be separated. Such conditions must be discovered during the first 6 months of active duty. The regulation stipulates that Soldiers in an entry level status who are separated under the provisions of paragraph 5-11 will receive an uncharacterized description of service.
6. AR 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the RA and the US 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. RE 1 and 2 permit immediate reenlistment if all other criteria are met. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.
7. AR 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on DD Form 214. It provides that Soldiers separated under the provisions of paragraph 5-15, Army Regulation 635-200 will be given an SPD code of JLFV and an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his RE code be changed to facilitate his assignment in an AGR position.
2. The Army Board for Correction of Military Records recommends changes in military records to correct errors or injustice, if material error or injustice exists and that sufficient evidence of record exists to warrant correction. The applicant has not demonstrated an error or injustice concerning the assignment of his RE-3 code.
3. The applicant was separated for failure to meet Army weight control standards. Today, as an USAR Soldier, it appears he continues to struggle with the same issues that resulted in his involuntary separation from the RA in 1992. There is no reason to grant his request.
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.
ABCMR Record of Proceedings (cont) AR20090003582
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