IN THE CASE OF:	

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100010136 


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 (RE) code be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 4 September 2008.

2.  The applicant states that he would like to have his RE code changed so that he may enlist back into the military.  The applicant states that there are no medical documents showing any history of back pain and civilian doctors have found nothing that would prohibit him from performing all military assigned duties. The applicant adds that x-rays show that his lumbar spine is well aligned with no sign of injury to his back.

3.  The applicant provides:

* DD Form 214
* five page History and Physical Report from Medpointe, Family Medicine, Clarksburg, West Virginia, dated 22 November 2008 
* x-ray results from Medpointe, Family Medicine, Clarksburg, West Virginia, dated 23 November 2008
* letter of support from a civilian physician assistant at Medpointe, Family Medicine, Clarksburg, West Virginia, dated 19 January 2010 





CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 June 2008 and did not successfully complete basic training.

2.  The applicant's record reveals a counseling history that includes his acceptance of general counseling statements for missing training on the following dates: 7 July 2008, 9 July 2008, 15 July 2008, 22 July 2008, 23 July 2008,
28 July 2008, 2 August 2008, 4 August 2008, and 5 August 2008.

3.  A DD Form 2697 (Report of Medical Assessment), dated 8 August 2008, shows that the applicant was examined by a military physician that indicated the applicant's chronic lumbar pain existed prior to service (EPTS).

4.  A DA Form 3349 (Physical Profile), dated 8 August 2008, shows the applicant was issued a temporary profile for chronic lumbar pain which expired on 
8 September 2008.

5.  On 14 August 2008, an Entrance Physical Standards Board (EPSBD) convened at U.S. Army, Medical Department Activities, Fort Benning, Georgia to evaluate the applicant.  The DA Form 4707 (EPSBD Proceedings) noted "This 
20 year old male in his 8th week of his initial enlistment training of BCT was identified as having an EPTS condition on 7 July 2008."  The EPSBD found the applicant did not meet retention standards due to chronic lumbar pain.  The EPSBD recommended that the applicant be separated from the military due to his diagnosed medical condition (EPTS).  The medical approving authority approved the findings and recommendations of the EPSBD on 19 August 2008.  

6.  On 20 August 2008, the applicant concurred with the EPSBD Proceedings in Item 21 (Action by Service Member) of the DA Form 4707 and requested to be discharged from the Army without delay.  This portion of the EPSBD Proceedings also provided the applicant the opportunity to concur with the proceedings and request retention on active duty; to disagree with the proceedings because his condition did not exist prior to service; or to disagree with the proceedings because his condition was not disqualifying on entry and was aggravated by service.  He did not indicate that he disagreed with the findings.

7.   The unit commander recommended that the applicant be separated based on the EPSBD results by signing Item 25 (Action by Unit Commander) of the DA Form 4707.  On 19 August 2008, the separation authority approved the applicant’s separation by signing Item 29 (Action by Discharge Authority) of the DA Form 4707.  

8.  On 4 September 2008, the applicant was discharged under the provisions of chapter 5 of Army Regulation 635-200, with an uncharacterized discharge, by reason of "FAILED MEDICAL/PHYSICAL/PROCUREMENT STANDARDS."  He had completed 2 months and 19 days of creditable active service.

9.  The applicant's DD Form 214 Shows in item 26 (Separation Code) the entry "JFW" and in item 27 (Reentry Code) the entry "3."

10.  The applicant provided a letter of support from a civilian physician assistant at Medpointe, Family Medicine, Clarksburg, West Virginia, dated 19 January 2010.  The physician assistant stated that applicant was seen in his clinic for follow up back pain.  The physician further stated that the applicant indicated that he had fallen and injured his back in August 2009 (sic) and he was seen at the Army Hospital where he was when the injury occurred.  The applicant had indicated that x-rays were taken at the time and were normal.  The physician assistant added that this time the applicant stated that he symptom free, his physical examination on 22 November 2009 was completely normal, his neurological examination and range of motion were all within the normal limits, and his x-rays in the clinic were also normal.  The physician assistant concluded that the applicant should have no problem with reenlisting in the Army at this time as it relates to his back and that he had no limitations and may perform all assigned duties.

11.  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.

12.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the separation program designator (SPD) codes are three-character alphabetic combinations, which identify reasons for and types of separation from active duty.  The JWK SPD is the correct code for Soldiers separating under 5-11 of Army Regulation 635-200 by reason of failure to meet procurement medical fitness standards.  Additionally, the SPD/RE Code Cross Reference Table establishes RE code 3 as the proper reentry code to assign to Soldiers with an SPD of JWK.

13.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Paragraph 3-21 of the regulation states that RE-3 applies to a Soldier who is not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. 

14.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for his separation and separation code should be removed.  

2.  Evidence of record shows the applicant was discharged on 4 September 
2008 due to failure to meet procurement medical fitness standards.  By regulation, this mandated that he be separated from the Army and assigned an RE-3 code.  The EPSBD proceedings clearly established that he suffered chronic back pain that existed prior to his service.  The condition was presumably diagnosed by competent military medical personnel.  The applicant concurred with the findings of the EPSBD.  Because this condition was identified within his first 180 days of service, his discharge was appropriately characterized as uncharacterized and he was assigned the appropriate RE code.

3.  The applicant's desire to reenter the military and the letter of support he received from his physician assistant were considered.  However, records are 
not corrected solely for the purpose of establishing eligibility for other programs or benefits.

4.  However, this does not mean that the applicant has been completely denied the opportunity to reenlist.  Since he is eligible to apply for a waiver, he has the option of visiting his local recruiting station and consulting with recruiting personnel who are required to process waiver 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)                                         AR20100010136





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ABCMR Record of Proceedings (cont)                                         AR20100010136



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