BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100030090 


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 his Reentry Eligibility (RE) code of RE-3 be upgraded so he can reenter the service.  

2.  He states he/his:  

* RE code of “3” is a little harsh
* had allergen problems that could have been controlled by Claritin
* was given false diagnoses from three physician assistants
* was tested by a real physician and was diagnosed with allergies
* loves his country, wants to serve his country like his family has done, and wants to retire from the military

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 June 2010.  

2.  An Entrance Physical Standards Board (EPSBD) evaluated the applicant 
on 30 July 2010 for a diagnosis of asthma.  He was given a physical profile of 311111.  After careful consideration of medical records, laboratory findings, and medical examinations, the EPSBD found that the applicant was medically unfit for enlistment in accordance with current medical fitness standards.  The 


evaluating physicians determined that the condition existed prior to service, noting he:

* had a history of difficulty breathing when he arrived to Fort Knox, KY on 28 June 2010 for training in 19D (Cavalry Scout)
* reported he had difficulty breathing with aerobic and impact exercises
* was given a chest x-ray which was normal and he was given a prescription of Claritin, Singulair, Advair and Xopenex inhaler
* saw Ms. H----- at Nelson Medical Clinic and she recommended an EPSBD

3.  His service record contains a DA Form 4187 (Personnel Action), dated 3 August 2010, which shows he was evaluated for asthma on 14 and 26 July 2010.  The battalion commander stated the applicant’s asthma diagnosis prevented him from training as a Cavalry Scout.  

4.  The appropriate medical authority approved the findings on 17 August 2010.

5.  On 24 August 2010, the applicant acknowledged that he had been informed of the medical findings and indicated that he understood that legal advice of an attorney employed by the Army was available to him or that he could consult civilian counsel at his own expense.  He also indicated that he understood he could request to be discharged from the U.S. Army without delay or request retention on active duty.  He concurred with the proceedings and requested to be discharged from the U.S. Army without delay.  The EPSBD recommended that the applicant be separated from the military.  

6.  On 1 September 2010, the discharge authority directed that the applicant be discharged from the service under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11 with an entry level status uncharacterized discharge.  

7.  He was discharged on 9 September 2010 under the provisions of Army Regulation 635-200, paragraph 5-11 by reason of failure to meet procurement medical fitness standards with an entry level status uncharacterized discharge.  At the time of his discharge, he had completed 2 months and 12 days of active military service.  

8.  His DD Form 214 shows he was assigned an RE code of 3 and a Separation Program Designator (SPD) code of “JFW” (Failure to Meet Procurement Medical Fitness Standards).



9.  The SPD/RE Code Cross Reference Table established the RE code of 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11 for failure to meet procurement medical fitness standards.

10.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty or active duty for training or initial entry training will be separated.  

11.  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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	a.  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.

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-11 based on failure to meet procurement medical fitness standards was administratively correct and in conformance with applicable regulations.

2.  His contention that his RE code of "3" is a little harsh is acknowledged.  However, the evidence of record shows he was separated with a separation code of "JFW" and he was assigned an RE code of 3 in accordance with the governing regulation.

3.  His contention that he had allergen problems that could have been controlled by Claritin is also acknowledged.  However, the EPSBD proceedings show he was evaluated by competent medical authorities and was diagnosed with asthma.  He was prescribed Claritin, Singulair, Advair and an Xopenex inhaler, and was still unable to meet established standards.  
4.  The applicant's RE code is based on his reason for discharge and cannot be changed unless the applicant's narrative reason for separation is changed.  His narrative reason for separation was based on his failure to meet procurement medical fitness standards and he has not established a basis for changing his reason for discharge.  In view of the foregoing, there is no basis for granting relief in this case.  

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)                                         AR20100030090





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ABCMR Record of Proceedings (cont)                                         AR20100030090



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