IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100022952
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 Reentry (RE) Code be changed from a 3 to a 1.
2. The applicant states that he was separated from the military for asthma attacks and he has recent medical evidence which shows that he no longer has asthma,
3. The applicant provides two documents from a Health Service organization in Nashville, Tennessee indicating that he tested normal on a Spirometry Test.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army in Anchorage, Alaska on 6 September 2001 for a period of 3 years, training as a heavy wheel vehicle mechanic and assignment to Fort Bliss, Texas. He was transferred to Fort Jackson, South Carolina to undergo his basic training.
3. The facts and circumstances surrounding the applicants administrative discharge are not present in the available records. However, his records contain a duly-authenticated DD Form 214 (Certificate of Release or Discharge from Active Duty) signed by the applicant which shows that the applicant was discharged on 5 November 2001 under the provisions of Army Regulation 635-200, paragraph 5-11 due to failure to meet procurement medical fitness standards. He had served 2 months of active service and his service was uncharacterized. He was issued a separation code of JFW and a RE Code of 3.
4. Army Regulation 635-200 sets forth the basic policy for the separation of enlisted personnel. Paragraph 5-11 provides the criteria for the separation of personnel who did not meet procurement medical fitness standards when accepted for enlistment. It states that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities within 6 months of initial active duty for training which would have temporarily or permanent disqualified the member for entry into military service, had it been detected at the time of enlistment.
5. 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 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
6. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to show otherwise, it must be presumed that the applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE Code at the time of his separation. Although he is not precluded from applying for a waiver of his RE Code at a nearby recruiting office, there is no basis for the Board to change his RE Code at this time.
3. Although he has submitted documents which indicate that he is currently fit as far as asthmas is concerned, the Board is not in a position to determine if he is acceptable for enlistment. Accordingly, he must apply for a waiver and undergo an entrance medical exam in order for such a determination to be made.
4. Accordingly, there appears to be no basis to grant his request, but he still has the option of applying for a waiver through his nearby recruiting office.
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) AR20100022952
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ABCMR Record of Proceedings (cont) AR20100022952
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