IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090019466
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 his Reentry Eligibility (RE) code of RE-3 be changed to a more favorable RE code so he can reenter the service.
2. The applicant states the problem with his left wrist was resolved after he was separated from the military.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 March 2006 and a discharge summary from a physical therapist in support of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Army National Guard on 10 October 2003. He was discharged on 24 December 2003 under the provisions of National Guard Regulation 600-200 for failing to meet medical/physical procurement standards.
3. The applicant enlisted in the Army National Guard again on 30 December 2005.
4. He was ordered to active duty for training (ADT) on 6 February 2006 and he was released from ADT on 27 March 2006 under the provisions of Army Regulation 635-200, paragraph 5-11 for failure to meet medical/physical procurement standards.
5. His DD Form 214, issued on 27 March 2006, shows he was assigned an
RE code of 3 and a Separation Program Designator (SPD) code of JFW (Failure to Meet Procurement Medical Fitness Standards).
6. The applicant provided a discharge summary from a sports physical therapist. This document shows he was evaluated for pain in his left wrist and left hand.
7. The SPD/RE Code Cross Reference Table in effect at the time established the RE code of 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11 for failure to meet procurement medical fitness standards.
8. 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 for training or initial entry training will be separated.
9. Army Regulation 635-200 states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR). 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 time of separation, but disqualification is waivable. They are ineligible unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The applicants statement that the problem with his left wrist was resolved after he was separated from the military is acknowledged. However, the evidence of record shows he was separated with a separation code of "JFW" and he was assigned an RE code of 3 in accordance with the governing regulation in effect at the time.
2. The applicants contention that his RE code of "3" should be changed so that he may be eligible to reenter the military was considered; however, it does not serve as a basis to change a properly-assigned RE code regardless of the Armys current enlistment policies.
3. The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed. His narrative reason for separation was based on his failure to meet procurement medical fitness standards and he has not established a basis for changing his reason for discharge. In view of the foregoing, there is no basis for granting relief in this case.
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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