BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012093 


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 correction of his reentry eligibility (RE) code from RE-3 to a more favorable code.

2.  The applicant states he was discharged in 2001 for having flat feet.  Doctors told him at the time there was pain in his feet and he went through physical therapy.  He did not go through with the therapy because he did not then nor does he now have flat feet.  He has arches in his feet but he is otherwise in an excellent physical condition.  He would like to reenter military service but has not been able to get a waiver.  He can do road marches, physical training, and carry a ruck sack with ease.  He is a weight lifter and an excellent runner and he has several advanced belts in martial arts.  Several members of his family are in the military and he is involved in training and helping Soldiers in combative training at Fort Polk, LA.  He would like an opportunity to prove his fitness and hopes this Board would give him that chance. 

3.  The applicant provides the following documentary evidence:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* A self-authored letter
* A note from his family physician

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 records show he enlisted in the Regular Army for a period of 3 years on 4 June 2001 and was subsequently assigned to Fort Benning, GA, for what appears to be completion of basic combat and advanced individual training under the one station unit training (OSUT) program.

3.  The facts and circumstances of his discharge are not available for review with this case.  However, his records contain a properly-constituted DD Form 214 which shows he was discharged on 11 October 2001 under the provisions paragraph 5-11 of Army Regulation 635-200 (Personnel Separations) by reason of failure to meet procurement medical fitness standards with a character of service as "entry level status" (uncharacterized).  He completed 4 months and 8 days creditable service and he was not transferred to the U.S. Army Reserve nor did he have a Reserve Obligation Termination Date (Item 6).  Item 26 (Separation Code) of this form shows the entry "JFW" and item 27 (Reentry Code) shows the entry "RE-3."

4.  He submitted a statement, dated 17 September 2009, from his family physician who opines the terminology of flat feet is inaccurate and should not exclude him from service.  He describes him as having low-lying arches and he exhibits full range of motion and normal strength.

5.  He also submitted a self-authored statement wherein he reemphasizes his desire to reenter military service and his endeavors in that regard.

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 (Entrance Physical Standards Board Proceedings), regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six 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 (Standards of Medical Fitness), 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 635-200 states 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 includes a list of the Regular Army RE codes.  An 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.  An 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.  

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code JFW is the correct code for Soldiers separating under the provisions of chapter  5-11 of Army Regulation 635-200.

9.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The cross reference table in effect at the time of his discharge shows the SPD code JFW has a corresponding RE code 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE-3 should be upgraded so he may reenter military service.

2.  The facts and circumstances surrounding his discharge are not available for review with this case.  However, his properly-constituted DD Form 214 shows he was discharged under the provisions of paragraph 5-11 of Army Regulation 
635-200 by reason of failure to meet procurement medical fitness standards.  It appears he was found medically unqualified for service immediately after reporting for training by reason of a disqualifying medical condition that existed prior to his service.  

3.  His RE code was assigned based on the fact that he was separated under the provisions of paragraph 5-11 of Army Regulation 635-200 by reason of failure to meet procurement medical fitness standards.  The appropriate separation code associated with this type of discharge is "JFW" and the corresponding RE code associated with this separation code and type of discharge is RE-3.  Therefore, he received the appropriate RE code associated with his discharge.

4.  The ABCMR does not establish eligibility for entry into the Army nor does 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 required to process requests for enlistment waivers. 

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)                                         AR20100012093





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ABCMR Record of Proceedings (cont)                                         AR20100012093



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