IN THE CASE OF:	

		BOARD DATE:	6 October 2011

		DOCKET NUMBER:  AR 20110002681


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 eligibility (RE) code 4 be changed to 1 or 2.

2.  The applicant states he was medically boarded for flat feet.  He unknowingly signed a form stating his flat feet were a pre-existing condition when he was discharged.  He did not or would not accept disability as the condition doesn't affect his performance.  He had been through back-to-back divorces and felt the military was partially at fault for his situation so he completed an expeditious discharge.  He does not have a copy of his initial-entry physical, but he recalls it does not mention he had flat feet.  He is now a licensed practical nurse and lives by his feet.  He is not asking for any payment, he just requests that the conditions of his discharge be changed and the RE code be elevated to 1 or 2.  He wants a chance to work with his local recruiter to enlist and serve his country again.

3.  The applicant provides copies of:

* letter, Headquarters, U.S. Army Recruiting Command, Fort Knox, KY, dated 23 August 2010
* expeditious discharge packet, dated 10 May 1996, with enclosed DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 18 April 1996



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 October 1990.  He served at Fort Knox, KY; Fort Carson, CO; and in Korea.  He was promoted to sergeant prior to separation.

2.  On 21 November 1995, a Military Occupational Specialty (MOS) Medical Retention Board (MMRB) found he was not performing duties in his primary MOS.  The applicant had received a permanent physical profile due to bilateral symptomatic pes planus.  The medical officer recommended that the applicant be referred to an MEB/physical evaluation board (PEB).

3.  A memorandum, Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, dated 16 January 1996, subject:  MEB/PEB Referral [Applicant], states the MMRB determined the limitations imposed by this permanent physical profile were so prohibitive they precluded retraining and reclassification into any available MOS.  An MEB was directed.

4.  On 18 April 1996, the MEB referred his case to a PEB and recommended administrative separation in accordance with chapter 5, Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).

5.  On 10 May 1996, he requested discharge for physical disability.  Paragraph 1 of his request states, "The MEB considers me unqualified for retention in the military service because of a physical disability that was found to have existed prior to my entry into active service.  The MEB found the disability neither incident to nor aggravated by my military service."

6.  On 28 June 1996, his request for discharge was approved.

7.  On 12 July 1996, he was discharged by reason of disability that existed prior to service/medical board under the provisions of Army Regulation 635-40, chapter 5.  His character of service was honorable and he was assigned an RE code 4.

8.  A letter to his Member of Congress from Headquarters U.S. Army Recruiting Command, dated 23 August 2010, relates that the applicant is prohibited from enlisting/reenlisting as he was discharged for "physical disability existing prior to service" and issued an RE code 4.  There are no exceptions to this policy.

9.  His service medical records are not available.

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that SPD code KFN is the appropriate code to assign to Soldiers separated under the provisions of chapter 5, Army Regulation 635-400, by reason of "disability, existed prior to service-medical board."  The SPD/RE Code Cross Reference Table included in the regulation establishes RE code 3 as the proper code to assign to members separated with this SPD code.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes 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.  RE code 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.  RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his RE code 4 be changed to 1 or 2 so he may be allowed to enlist in the Army.

2.  The applicant claims the medical condition did not affect his duty performance, but he was issued a permanent physical profile based on the condition and was referred to an MMRB and ultimately an MEB.

3.  The MEB medical officer indicated the applicant was not performing duties in his primary MOS and did not meet procurement standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, and recommended administrative separation in accordance with Army Regulation 635-40, chapter 5.

4.  The evidence shows that SPD code KFN is the appropriate code to assign to Soldiers separated by reason of disability that existed prior to service/medical board under the provisions of chapter 5, Army Regulation 635-400.  The SPD/RE Code Cross Reference Table included in the regulation establishes RE code 3 as the proper code to assign to members separated with this SPD code.

5.  The RE code 4 was not correctly entered on his DD Form 214 in accordance with governing regulations.  His DD Form 214 should be changed to show he was assigned an RE code 3.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  _______  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting the entry "4" from item 27 (Reentry Code) of his DD Form 214 and replacing it with "3."

2.  The Board further determined 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 applicant's RE code to 1 or 2.



      _____________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)                                         AR20100010153



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ABCMR Record of Proceedings (cont)                                         AR20110002681



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