IN THE CASE OF:	

		BOARD DATE:	  08 April 2010

		DOCKET NUMBER:  AR20090016485 


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 reentry eligibility (RE) code of 3 on her 13 June 2002 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed so that she may be eligible to enlist in the Army without a waiver.

2.  The applicant states that she was only 17 years old when she joined the U.S. Army Reserve and did not possess a knowledge of and appreciation for the military.  She adds that she had a mild case of asthma and was allowed to be discharged early for a preexisting condition.  The applicant offers that she no longer has asthma.

3.  The applicant provides her self-authored statement in support of her application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows she enlisted in the U.S. Army Reserve and entered active duty on 21 May 2002.

3.  The applicant's DD Form 214 shows she was discharged on 13 June 2002 under the provisions of chapter 5, Army Regulation 635-200 (Active Duty Enlisted Administration Separations), for a disability that existed prior to service with uncharacterized service.  Item 26 shows she was assigned a separation program designator (SPD) code of "KFN" and item 27 (Reentry Code) shows her RE code was "3."  The applicant was credited with completing 23 days of active service.

4.  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.

5.  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.

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and 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 and includes a list of Armed Forces RE codes including Regular Army 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.

7.  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 KFN applies to Soldiers with a disability condition that existed prior to service.

8.  The SPD/RE Code Cross Reference Table states that when the SPD code is KFN, the RE code 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that her RE code 3 be changed so that she may enlist in the Army without a waiver.

2.  Although the applicant states that she no longer has asthma, she has provided no evidence to show that an RE code 3, which established her 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 3.  The applicant's desire to continue in the service to her 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)                                         AR20090016485



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ABCMR Record of Proceedings (cont)                                         AR20090016485



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