IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090016461 


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 upgrade of his uncharacterized discharge.

2.  The applicant states that he feels physically able and prepared to enlist and serve.

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 15 September 2004, the applicant enlisted in the Regular Army (RA).  He was subsequently assigned to Fort Jackson, SC for training.

2.  On 8 November 2004, the applicant was discharged due to failure to meet procurement medical fitness standards.  The available records do not contain the specific facts and circumstances leading to his discharge.

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was given a separation code of "JFW" and a reentry (RE) code of "3."  His character of service was uncharacterized.  He had completed 1 month and 24 days of creditable active duty service.

4.  On 18 July 2007, the Army Discharge Review Board (ADRB) denied the applicant's request for an upgrade of his discharge.

5.  Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations) provides policy and prescribes the procedures for administrative separation of enlisted personnel.  Paragraph 5-11 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 will be separated.  For Regular Army Soldiers, medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the Soldier’s initial entrance on active duty.

6.  Army Regulation 635-200 further provides that the characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.  However, it will be uncharacterized if the Soldier is in an entry-level status.  A Soldier is in entry-level status if he has not completed more than 
180 days of creditable continuous active duty service prior to the initiation of the separation action.

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 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 (Separation Program Designator (SPD) Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of "JFW" is the appropriate code provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 5-11, due to failure to meet procurement medical fitness standards.   Additionally, the SPD/RE Code Cross Reference Table establishes RE code 3 as the proper RE code to assign to Soldiers who are separated for this reason.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9 provides that the Board 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 discharge should be upgraded so that he may enlist in the military.

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The uncharacterized discharge is in accordance with his entry-level status.

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request for an upgrade of his discharge.

4.  The RE code 3, establishing his enlistment/reenlistment ineligibility without waiver, was correctly entered on his separation document in accordance with governing regulations.

5.  There is no apparent basis for removal or waiver of the applicant’s disqualification that established the basis for the RE code 3.  The applicant’s desire to continue in the service to his country is noted; however, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.

6.  In view of the above, there is no basis for granting the applicant's requested relief.

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)                                         AR20090016461



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ABCMR Record of Proceedings (cont)                                         AR20090016461



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