BOARD DATE: March 2, 2010
DOCKET NUMBER: AR20090015302
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 his reentry eligibility (RE) code be changed.
2. The applicant states that he can pass medical/physical/procurement standards.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 2 January 2008 for a period of 3 years and 21 weeks.
2. On 24 January 2008, an Entrance Physical Standards Board (EPSBD) diagnosed the applicant as having cubital syndrome (right). The EPSBD found the applicant medically unfit for enlistment in accordance with current medical fitness standards and determined that his right elbow condition existed prior to service (EPTS). The EPSBD recommended that the applicant be separated from the Army for failure to meet medical procurement standards. On 7 February 2008, the applicant concurred with the proceedings and requested to be discharged from the U.S. Army. The unit commander recommended discharge and the discharge authority directed that the applicant be discharged from the Army.
3. On 21 February 2008, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-11, due to failure to meet medical/physical/procurement standards. He had served 1 month and 20 days of creditable active service. His character of service was uncharacterized.
4. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Army Regulation 635-200, paragraph 5-11." Item 26 (Separation Code) of his DD Form 214 shows the entry "JFW." Item 27 (Reentry Code) of his DD Form 214 shows the entry "3." Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "failed medical/physical/procurement standards."
5. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides 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 entrance on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status. For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code JFW is failure to meet procurement medical fitness standards and the regulatory authority is Army Regulation 635-200, paragraph 5-11.
7. 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. 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.
8. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
9. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
10. The SPD/RECode Cross Reference Table, dated 15 June 2006, shows that Soldiers given an SPD of JFW will be given an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he can pass medical/physical/procurement standards was noted. However, contemporaneous medical evidence shows that he was diagnosed with right cubital syndrome (EPTS) by competent medical authorities on 24 January 2008.
2. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, there is no basis for granting the applicant's request.
3. The applicant's current RE code is a waivable code. Therefore, the applicant may still apply for service in the U.S. Army and request the appropriate waiver.
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.
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