IN THE CASE OF:	  

		BOARD DATE:	    25 October 2011

		DOCKET NUMBER:  AR20110007971 


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, in effect, that his Reentry (RE) code of 3 be changed to 1 so that he may come back into the Army.

2.  The applicant states that he is in top physical and mental condition.

3.  The applicant provides a copy of a physical examination from the Sacred Heart Medical Group, dated 31 January 2011.

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.  The applicant enlisted in the Regular Army (RA) on 14 August 2007.  He did not complete basic training.

3.  His DA Form 4707-E (Entrance Physical Standards Board (EPSBD) Proceedings) is not available and his service personnel records do not contain the facts and circumstances surrounding his separation processing.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 27 September 2007 he was honorably discharged under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), after completing 1 month and 14 days of active service, his DD Form 214 shows in:

* Item 24 (Character of Service) "UNCHARACTERIZED"
* Item 27 (Reentry Code) "3"
* Item 25 (Separation Authority) "AR 635-200, PARA 5-11"
* Item 26 (Separation Code) "JFW"
* Item 28 (Narrative Reason for Separation) "FAILED MEDICAL/PHYSICAL/PROCUREMENT STANDARDS

4.  The applicant submitted a physical examination from the Sacred Heart Medical Group, dated 31 January 2011, that indicates he passed a physical examination for a law enforcement position.  

5.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are 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 conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 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 of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations, which identify reasons for and types of separation from active duty.  The "JFW" SPD is the correct code for Soldiers separating under paragraph 5-11 of Army Regulation 635-200 by reason of failure to meet procurement medical fitness standards.  Additionally, the SPD/RE Code Cross Reference Table establishes that the RE code of 3 was the proper reentry code to assign Soldiers with an SPD code of "JFW."  

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 and includes a list of Armed Forces RE codes:

   a.  RE-1 applies to persons completing an initial term of active service who are fully qualified when last separated.

   b.  RE-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.

8.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the RE code on his DD Form 214 for the period ending 27 September 2007 should be changed was carefully considered.  However, the available evidence shows he was involuntarily discharged from active duty due to failing medical/physical/procurement standards.  By regulation, this mandated an assignment of an SPD code of "JFW" and a corresponding RE code of "3."

2.  Absent independent evidence to the contrary, it is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process.  Based on the authority and reason for his separation, he was properly assigned the SPD code of "JFW" and the RE code of "3."  There is no evidence of an error or injustice related to the entries in question; therefore, they were valid at the time of separation and remain valid today.  No other SPD or RE codes would be appropriate in this case.

3.  The ABCMR does not correct records solely for the purpose of making an individual eligible to enlist in the RA.  The applicant is advised that if he desires to reenter the military he should contact a local recruiter who can best advise him concerning the matter.  Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.


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)                                         AR20110007971



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ABCMR Record of Proceedings (cont)                                         AR20110007971



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