IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110003019 


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 to change his reentry eligibility (RE) Code of "3" to an RE Code of "1."   

2.  He states he was 100% cleared through medical channels of the Military Entrance Processing Station (MEPS) for entry into the military.  He feels there was no type of justification for his discharge and he wants the Board to change his RE Code so that he can serve his country with honor and respect. 

3.  He provides his:

* Report of Medical Examination
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Two letters of support

CONSIDERATION OF EVIDENCE:

1.  His military personnel records contain a DD Form 2807-1 (Report of Medical History) and a DD Form 2808 (Report of Medical Examination), both dated 
5 February 2010.  The Report of Medical Examination shows in item 44 (Notes), "23 - unilateral exophthalmia."  It was also noted that he had two family members with the same condition; however, he was cleared for enlistment in the U.S. Army. 

2.  Accordingly, he enlisted in the Regular Army on 1 June 2010 and reported for Basic Combat Training (BCT) at Fort Sill, OK on the same day. 
3.  The applicant's records contain a copy of a DA Form 4707 (Entrance Physical Standards Board [EPSBD] Proceedings), dated 10 June 2010.  This document shows the applicant was medically evaluated for hyperthyroidism exophthalmia after he was referred to ophthalmology.  The applicant stated that thyroid problems ran in his family and he had protrusion of the eyeballs for some time.  The board determined he was unable to complete mandatory training and therefore, did not meet medical fitness standards for enlistment or induction under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, paragraph 2-12(i)(4), current unilateral or bilateral non-familial exophthalmoses.  His condition was listed as Existed Prior to Service (EPTS) and not service aggravated.  The findings of the EPSBD were approved by the medical approving authority on 25 June 2010.  He concurred with the proceedings and requested discharge without delay

4.  His DD Form 214 shows he was discharged on 6 July 2010, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, for failing medical/physical/ procurement standards, with an uncharacterized discharge.  He was issued a separation program designator (SPD) code of "JFW" and an RE Code of "3."

5.  The applicant provided a copy of letter from his Primary Care Provider (PCP), dated 20 August 2010.  His PCP states that the applicant was initially seen at her clinic on 24 November 2008 with a reported history of Grave's Disease and was seeking treatment.  He was treated and referred to Endocrinology.  Subsequent to his treatment, he had denied having any symptoms or complaints and reported feeling well in his visits.  

6.  He also provided a letter from his employer who states the applicant has worked for her for more than 3 years and she has not seen any evidence or heard from the applicant that his thyroid condition affected his job performance. 

7.  Army Regulation 635-200 sets forth the basic authority for 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 entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate
medical authority within six 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, 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 if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

8.  Army Regulation 40-501 governs medical fitness standards for induction, enlistment, appointment, retention, separation, retirement, officer procurement programs and related policies and procedures.  Paragraph 2-12(i) pertains to procurement standards, miscellaneous defects and conditions of the eyes.  

9.  Army Regulation 40-501, at chapter 3, provides standards for medical retention.  Basically, members with conditions as severe as listed in this chapter are considered medically unfit for retention on active duty.

10.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement or Separation), chapter 5, provides that if a Soldier is processed for failure to meet procurement medical fitness standards within the first six months of entry on active duty and the condition existed prior to the term of service, then the Soldier will be discharged in an entry level status with uncharacterized service.

11.  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 and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes, including RA RE codes.

12.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

13.  Army Regulation 635-5-1 (SPD Codes) prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator (SPD) "JFW" as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as "Failure to Meet Procurement Medical Fitness Standards" and that the authority for discharge under this SPD is "Army Regulation 635-200, paragraph 5-11."

14.  The SPD/RE Code Cross Reference Table, dated March 2001, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of "JFW" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that, while attending BCT, the applicant was diagnosed as having hyperthyroidism exophthalmia.  He appeared before an EPSBD which determined that he did not meet medical fitness standards for enlistment or induction under the provision of Army Regulation 40-501.  His condition was listed as EPTS, which was not aggravated by service.  

2.  While Soldiers enter active duty with existing medical conditions, many of them successfully complete their initial entry training.  Unfortunately, some are unable to complete their training because the rigor of BCT is too strenuous to complete with the medical condition.  Since there are Soldiers who cannot complete their training, they must be discharged.
  
3.  The letter written in support of the applicant by his PCP and the treatment received prior to his enlistment in the Army were also considered; however, he was found unfit for military service by a medical board after his entry on active duty because of his inability to complete mandatory training.  The applicant concurred with that finding and requested discharge without delay.

4.  Accordingly, he was discharged under the provisions of Army Regulation 
635-200, paragraph 5-11, for failure to meet medical fitness standards with his service uncharacterized.  He was given an SPD Code of "JFW" and an RE Code of "3." 

5.  The applicant's separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

6.  It is apparent that the applicant wishes to reenter military service; however, his RE Code of "3" prevents him from reenlisting.  

7.  The applicant is advised that, although no change is being recommended to his RE Code, this does not mean that he is disqualified from reentry into the U.S. Army as the RE-3 code he was assigned is waivable.  If the applicant still desires to enlist in the U.S. Army, he should contact a local Army recruiter to determine his eligibility and/or request assistance in processing a waiver through appropriate administrative channels to enter the U.S. Army.  Those individuals can best advise a prior service member as to the needs of the U.S. Army and are required to process waivers of RE codes; however, he is advised that he must meet enlistment or induction standards of Army Regulation 40-501 to qualify for service.

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)                                         AR20110003019





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ABCMR Record of Proceedings (cont)                                         AR20110003019



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