BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090020330 


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, in effect, change of his character of service and reentry eligibility (RE) code.

2.  The applicant states "uncharacterized" is not a beneficial characterization of service for reenlistment and that he passed the entrance medical examination.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 March 2007.

2.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) shows an EPSBD found the applicant was medically unfit for enlistment in accordance with current medical fitness standards and that the applicant's medical condition existed prior to service.  The EPSBD recommended the applicant be separated for failure to meet medical procurement standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-27d.

3.  On 31 July 2007, the medical approving authority reviewed the findings of the EPSBD and noted that retention of the applicant was not practical.

4.  On 3 August 2007, the applicant concurred with the recommendation of the EPSBD and requested discharge from the Army without delay.  Item 21 (Action by Service Member) of the DA Form 4707 shows the applicant understood that legal advice of an attorney employed by the Army was available to him and that he also could consult with a civilian counsel at his own expense.

5.  On 17 August 2007, the discharge authority approved the applicant's separation from the Army.  Accordingly, he was discharged on 27 August 2007 after completing 5 months and 9 days of creditable service.  The DD Form 214 he was issued shows the following:

* in item 24 (Character of Service), uncharacterized
* in item 25 (Separation Authority), Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11
* in item 26 (Separation Code), JFW
* in item 27 (Reentry Code), 3
* in item 28 (Narrative Reason for Separation), failed medical/physical/
procurement standards

6.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are 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, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an EPSBD, 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 the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (entry-level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD codes are three-character alphabetic combinations, which identify reasons for and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  SPD code JFW is the correct code for Soldiers separated under paragraph 5-11 of Army Regulation 635-200.

8.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD codes and corresponding RE codes.  The SPD code JFW has a corresponding RE code 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his character of service and RE code was carefully considered, but is not supported by the evidence.

2.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.  The entry-level separation is given regardless of the reason for separation.  This uncharacterized discharge is neither positive nor negative; it is not derogatory.  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

3.  The EPSBD proceedings show the applicant suffered from a disqualifying medical condition that existed prior to his service.  Because this condition was identified within his first 180 days of service, his discharge was appropriately characterized as an entry-level character of service (uncharacterized).

4.  The evidence of record shows the applicant concurred with the proceedings of the EPSBD.  The SPD code and corresponding RE code were assigned because he was discharged under the provisions of paragraph 5-11 of Army Regulation 
635-200.  The appropriate SPD code associated with this discharge is JFW and the corresponding RE code is 3.  Therefore, he is not entitled to correction of his DD Form 214 to change his RE code.

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 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)                                         AR20090020330



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ABCMR Record of Proceedings (cont)                                         AR20090020330



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