IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100013893
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow him to reenter the military.
2. The applicant states, in effect, he has been cured or has recovered from the medical condition for which he was discharged from the military.
3. The applicant provides his DD Form 214 and a letter from a medical doctor.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Army on 25 August 2008. He did not complete initial entry training and was not awarded a military occupational specialty.
2. His DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows a PEB convened on 7 January 2009. The disability description block shows the applicant was determined to have chronic recurrent headaches following surgery for atresia of the foramen Monro (with insertion of plate and screws) in September 2006. It further shows he had recurrent headaches in the second week in September 2008 and had been treated with Imitrex which relieved the headaches until it wore off. He was unable to continue training due to the increase in pain with exertion. This block also shows his exam showed no abnormalities and the neurologist entertained the possibility that his surgical procedure had failed. It further shows there was compelling evidence to support a finding that the current condition existed prior to service and was not permanently aggravated beyond natural progression by such service. It indicated he had headaches since age 5. They were very frequent between ages 5 and 7, resolved for several years, and then returned at age 16. He had an extreme exacerbation and ended up with the surgery discussed above. His headaches then resolved until approximately week 3 of basic training.
3. The PEB found him physically unfit and recommended separation from the service without disability benefits.
4. He concurred with the PEB's findings and recommendations and waived his right to a formal hearing. A counselor explained to the applicant the results of the PEB findings and recommendations.
5. Accordingly, on 20 January 2009, he was discharged with an honorable characterization of service under the provisions of chapter 4, Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). He completed 4 months and 20 days of active military service. He was assigned a separation program designator (SPD) code of JFM and RE code of 3. His narrative reason for separation was disability existing prior to service.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), table 2-3, stated that the SPD code JFM denoted "disability, existed prior to service, PEB."
7. The U.S. Army Human Resources Command publishes a cross-reference table of SPD and RE codes. This cross-reference table shows that an SPD code of JFM is assigned RE-3.
8. Pertinent Army regulations provide 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, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. Table 3-1 states that a code of RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the medical condition for which he was discharged no longer poses a hindrance to his serving in the military.
2. A PEB found his medical condition prevented reasonable performance of duties required by his grade and military specialty. He was found unfit and separated due to a disability that existed prior to his entry in the service. He was informed of the findings and recommendations and he concurred with them.
3. The applicant contends his disqualifying medical condition no longer exists and he wants his record changed to show he is eligible to reenter the military. However, he provided no evidence to show his SPD and RE codes were assigned in error. As such, his SPD and RE codes were administratively correct and in conformance with applicable regulations at the time of his discharge.
4. While his desire to enlist in the military is commendable, this is not a basis for changing a properly-assigned RE code. As such, the applicant's RE code is correct and there is no reason to change it.
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) AR20100013893
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ABCMR Record of Proceedings (cont) AR20100013893
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