IN THE CASE OF:	

		BOARD DATE:	1 September 2009    

		DOCKET NUMBER:  AR20090005191 


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 his reentry eligibility (RE) code of "3" be changed to "1" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 June 2007.

2.  The applicant states, in effect, that he received a RE code of "3" because doctors at the time said he had asthma.  He states he feels fine and does not believe that he has asthma related problems.  He went to the Department of Veterans Affairs (VA) doctors and they ran tests that said his breathing was normal.

3.  The applicant provides copies of excerpts from his VA medical records in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 October 1999 for a 3 year period of service.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 92G (Food Service Specialist).  He attained the rank of specialist/pay grade E-4.  

2.  On 25 October 2002, the applicant was honorably released from active duty and transferred to the Army National Guard.  He was issued a DD Form 214 that shows he served for 3 years and the reason for release was due to completion of required active service.  His RE code was "1."

3.  On 26 October 2002, the applicant enlisted in the Army National Guard.  He served continuously in multiple Army National Guard units with his last unit of assignment at Headquarters and Headquarters Company, 29th Infantry Division, Virginia Army National Guard.

4.  On 29 July 2006, the applicant was mobilized with his unit and ordered to Camp Atterbury, IN, mobilization station in support of Operation Enduring Freedom.  Orders 170-380, dated 19 June 2006, issued by the State of Virginia Joint Force Headquarters shows that if the applicant failed to meet deployment medical standards (whether because of temporary or permanent medical conditions) that he would be released from active duty (mobilization) and subsequently ordered to active duty to resolve the disqualifying medical condition.

5.  On 11 October 2006, the applicant was retained on active duty and directed to report to the Medical Retention Company at Fort Knox, KY as a voluntary participant in the Reserve Component medical holdover and medical retention processing program for completion of medical care and treatment. 

6.  The applicant's medical records are not available for the Board to review.  

7.  On 18 June 2007, the applicant was honorably released from active duty, discharged from the Reserve of the Army, and returned to the Army National Guard.  The separation authority cited on the DD Form 214 the applicant was issued shows that he was separated in accordance with paragraph 4-24b (4) of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) for disability that existed prior to service by a Physical Evaluation Board (PEB).  Item 26 (Separation Code) show the entry "JFM," and item 27 (Reentry Code) shows the entry "3."

8.  As evidence, the applicant provided multiple excerpts from his VA medical records that show he was examined in the Pulmonary Asthma Clinic on 26 January 2009.  The examining physician states the applicant's pulmonary function test shows mild airflow obstruction, which had not changed from prior measurements with the applicant showing no symptoms of asthma or episodic airway inflammation during this examination.   The physician concluded that she could not find evidence of pulmonary disease.   

9.  Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  This regulation provides, in pertinent part, that based on the final decision of the U.S. Army Physical Disability Agency or the Army Physical Disability Appeal Board the U.S. Army Human Resources Command will issue disposition instructions separating Soldiers for physical disability through retirement, placement on the temporary disability list, separation with severance pay or separation without severance pay. 

10.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states, in pertinent part, that prior to discharge or release from active duty, Soldiers will be assigned RE codes based on their service records or their reason for discharge.

11.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR.  RE codes are used for administrative purposes and are not to be considered derogatory in nature.  Simply, the RE codes are used for identification of an enlistment processing procedure.  Table 3-1 included a list of the RA RE codes

	a.  RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

	b.  RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  They are ineligible for enlistment unless a waiver is granted. 

12.  Army Regulation 635-5-1 (Separation Program Designator [SPD] Codes) provides, in pertinent part, that the reasons for separating Soldiers from active duty and their corresponding SPD codes will be entered on the Soldiers' DD Forms 214.  It states, in pertinent part, that the SPD code “JFM” is the appropriate code to assign to Soldiers who are separated due to a disability that existed prior to service and were separated through PEB proceedings.   

13.  The SPD/RE Code Cross-Reference Table, dated 15 June 2006, shows the appropriate RE code for the SPD code of "JFM" is RE-3.  

14.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be upgraded to an RE code of "1."

2.  The evidence of record shows that the applicant was honorably released from active duty and discharged from the Reserve Component due to a disability that existed prior to his mobilization service as determined by a PEB.  The separation code "JFM" and its corresponding RE code of "3" entered on the applicant's DD Form 214 with a separation date of 18 June 2007 is correct as shown.  

3.  The applicant's medical records and PEB documents are not available for the Board to review.  As such, the assumption of administrative regularity is assumed in this case. 

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 that requirement.

5.  In view of the foregoing, there is insufficient basis to upgrade the applicant's RE code to "1."

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.




      _______ _   _x______   ___
               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)                                         AR20090005191



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005191



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1