IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100030376
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 her reentry eligibility (RE) code be changed.
2. The applicant states:
* her RE code will not let her return to active duty or reenter the U.S. Armed Forces
* she believes her service to her country was not complete
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. She enlisted in the Regular Army on 10 August 2000. She completed training and was awarded military occupational specialty 55B (ammunition specialist).
3. On 16 March 2001, a medical evaluation board (MEB) diagnosed her with plantar fasciitis. The MEB recommended referral to a physical evaluation board (PEB). On 18 April 2001, a PEB found the applicant physically unfit due to pes planus with bilateral plantar fasciitis and determined there was compelling evidence to support a finding the condition existed prior to service (EPTS). The PEB recommended the applicant be separated from the service without disability benefits. On 23 April 2001, she concurred with the findings and recommendations and waived a formal hearing. On 24 April 2001, the U.S. Army Physical Disability Agency (USAPDA) approved the PEB's findings and recommendation.
4. She was honorably discharged on 17 May 2001 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(4), for disability, EPTS.
5. Item 26 (Separation Code) of her DD Form 214 shows the entry "JFM." Item 27 (Reentry Code) of her DD Form 214 shows the entry "3."
6. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The unfitness is of such a degree that a Soldier is unable to perform the duties of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. Paragraph 4-24b(4) states that based on the final decision of the USAPDA, the U.S. Total Army Personnel Command [currently known as the U.S. Army Human Resources Command] will issue retirement orders or other disposition instructions for separation for physical disability without severance pay.
7. 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. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.
8. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable. Army Regulation 601-210 states that any applicant who was last separated or discharged from any component of the Armed Forces for medical reasons with or without disability will require a waiver for enlistment in the Regular Army, U.S. Army Reserve, or Army National Guard.
9. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
10. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated March 2001, shows that SPD "JFM" will be issued an RE code of 3.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was found to be unfit for duty. The RE code assigned in her case is correct and was applied in accordance with the applicable regulations.
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) AR20100030376
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ABCMR Record of Proceedings (cont) AR20100030376
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