BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100013992 


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 his narrative reason and reentry eligibility (RE) code be changed.

2.  He states, in effect, that his current RE code 3 should be changed to a code that will allow him to reenter military service.  He states that the Army said he had asthma, but no tests were administered to prove so.

3.  He provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 12 February 2009.  On 16 July 2009, he was ordered to initial active duty for training, but he did not successfully complete basic training.

2.  On 23 July 2009, an Entrance Physical Standards Board (EPSBD) convened at General Leonard Wood Army Community Hospital to evaluate the applicant.  The DA Form 4707-E (EPSBD Proceedings) noted that "the trainee complains of chest tightness, shortness of breath, wheezing, and coughing spells with increased activity."  He was diagnosed with moderate persistent asthma.  The EPSBD found the applicant did not meet retention standards due to asthma.  The EPSBD recommended that the applicant not be retained in service based on his diagnosed medical condition (existed prior to service).  The medical approving authority approved the findings and recommendations of the EPSBD on 26 July 2009.

3.  On 4 August 2009, 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.

4.  Based on the EPSBD findings, the unit commander recommended that the applicant be discharged/separated in item 25 (Action by Unit Commander) of the DA Form 4707.  On 4 August 2009, the separation authority approved the applicant's separation in item 29 (Action by Discharge Authority) of the DA Form 4707.

5.  On 7 August 2009, he was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), after completing 1 month and 22 days of active duty service, his DD Form 214 shows:

* Item 24 (Character of Service) "UNCHARACTERIZED"
* Item 27 (Reentry Code) "3"
* Item 25 (Separation Authority) "AR 635-200, CHAP 11"
* Item 26 (Separation Code) "JGA"
* Item 28 (Narrative Reason for Separation) "ENTRY LEVEL PERFORMANCE AND CONDUCT"

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 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.  

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 processing into the Regular Army, U.S. Army Reserve, and Army National Guard and includes a list of Armed Forces RE codes.

9.  RE-1 applies to persons completing an initial term of active service who are fully qualified when last separated.

10.  RE-2 applied to persons separated prior to 16 May 2005 for the convenience of the government whose reenlistment was not contemplated.  These individuals were fully qualified for enlistment.  However, after March 1995, RE-2 was not used.

11.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.

12.  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 the narrative reason for separation should be changed on his DD Form 214 because there is a lack of evidence to prove he had asthma.  Discharges under the provisions of chapter 5, paragraph 5-11, of Army Regulation 635-200 require that an EPSBD establish a medical condition and be identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty.  This condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment.  

2.  The evidence of record confirms he was diagnosed with asthma by an EPSBD.  Based on this diagnosis by the EPSBD, paragraph 5-11 of Army Regulation 635-200 was the proper authority for the applicant's separation.  However, the applicant's narrative reason for separation is not correct on his DD Form 214.  It incorrectly reflects chapter 11 of Army Regulation 635-200.

3.  The evidence of record shows the applicant was separated on 7 August 2009 for failure to meet procurement medical fitness standards.  By regulation, this mandated that he be assigned an RE-3 code upon his separation from the Army.

4.  His separation processing was accomplished in accordance with the applicable regulations, to include the RE-3 code assignment.  Lacking independent evidence to the contrary, the Board is satisfied that all requirements of law and regulation were met and his rights were fully protected throughout the separation process.  Therefore, the Board concludes that the assigned RE-3 code was appropriate.

5.  His disqualification is waivable and he has the option of visiting his local recruiting station and consulting with recruiting personnel who are required to process a waiver request if that is his intent.

6.  An error was made during the preparation of the applicant's DD Form 214 for the period ending 7 August 2009, which resulted in the incorrect separation authority, separation code, and narrative reason for separation that is reflected on his DD Form 214.

7.  The applicant's DD Form 214 erroneously shows: 

* Item 25 "AR 635-200, CHAP 11"
* Item 26 "JGA"
* Item 28 "ENTRY LEVEL PERFORMANCE AND CONDUCT"
8.  He clearly separated in accordance with Army Regulation 635-200, Chapter 5, paragraph 5-11.  His DD Form 214 should be corrected to show:

* Item 25 Army Regulation 635-200, Chapter 5, paragraph 5-11
* Item 26 "JWK"
* Item 28 "FAILURE TO MEET PROCUREMENT MEDICAL FITNESS STANDARDS"


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ____x____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 25 of his DD Form 214 "AR 635-200, CHAP 11"

	b.  adding to item 25 of his DD Form 214 Army Regulation 635-200, CHAPTER 5, PARAGRAPH 5-11

	c.  deleting from item 26 of his DD Form 214 "JGA"

	d.  adding to item 26 of his DD Form 214 "JWK"

	e.  deleting from item 28 of his DD Form 214 "ENTRY LEVEL PERFORMANCE AND CONDUCT" 

	f.  adding to item 28 of his DD Form 214 "FAILURE TO MEET PROCUREMENT MEDICAL FITNESS STANDARDS"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the RE code 3 on his DD Form 214.



      ___________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)                                         AR20100013992



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ABCMR Record of Proceedings (cont)                                         AR20100013992



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