IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090013470 


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 that the Reenlistment Eligibility (RE) code of 3 on his
26 June 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so that he may be eligible to enlist in the Army.

2.  The applicant states that he was separated on 26 June 2008 for medical reasons which were identified in Basic Training.  He offers that at the time of his discharge he was not in pain, however, he had a history of low back pain and that it was resolved with surgery.  Since having the surgery, he has been examined by a medical doctor and released without restriction.

3.  The applicant provides an Update to Physical Profile, Medical Records from the Piedmont Neurosurgical Group, and a Congressional Inquiry. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and entered active duty on 17 April 2008.

2.  The applicant's DD Form 214 shows he was discharged on 26 June 2008 under the provisions of paragraph 5-11, Army Regulation 635-200 (Active Duty Enlisted Administration Separations), for failing medical physical procurement standards with uncharacterized service.  Item 26 shows he was assigned a Separation Program Designator (SPD) code of "JFW" and item 27 shows his RE code was "3."  The applicant was credited with completing 2 months and 10 days of active service.
3.  Medical Records from the Piedmont Neurosurgical Group, dated 27 October 2008, shows the applicant was physically cleared for entry into the military.  The physical exam shows the applicant was asymptomatic since his surgery with no recurring back or radiating lower extremity pain.

4.  The applicant’s update to physical profile, dated 19 February 2009, shows he was physically cleared by a private physician.

5.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5-11 establishes policy and prescribes procedures for separating personnel who did not meet procurement medical fitness standards.  The regulation states that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or those who became medically disqualified under these standards prior to entry on active duty (AD) or AD for initial entry training may be separated.  Such conditions must be discovered during the first 6 months of AD.  Such findings will result in an entrance physical standards board.  This board, which must be convened within the Soldier's first 6 months of AD, takes the place of the notification procedures required for separation.  The Soldier will be separated within 72 hours following approval by the separation authority.

6.  The same regulation states, in effect, that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service.  A Soldier being separated under chapter 5-11 will be awarded a character of service of uncharacterized if in an entry-level status. 

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE codes including RA RE codes.  RE code 3 applies to persons separated from their last period of service with a waivable disqualification.  That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.

8.  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.  The SPD code of JFW applies to Soldiers who failed medical/physical procurement standards.  

9.  The SPD Code/RE Code Cross Reference Table states that when the SPD code is JFW the RE code of 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE code 3 be changed so that he may enlist in the Army.

2.  Although the applicant provides medical documents that indicate he is now medically cleared to reenter the military, he has provided no evidence to show that an RE code of 3, which established his ineligibility for enlistment/reenlistment without a waiver, was in error or unjust at the time of separation.

3.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE code of 3.  The applicant’s desire to continue in the service to his country was considered; however, there are no provisions authorizing the change of an RE code for this purpose.

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 the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090013470



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ABCMR Record of Proceedings (cont)                                         AR20090013470



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