IN THE CASE OF:	  

		BOARD DATE:  9 February 2012

		DOCKET NUMBER:  AR20110014214 


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 change of his reentry eligibility (RE) code of "RE-3" to "RE-1."

2.  The applicant states he injured his left ankle and it required a surgical procedure.  He was issued separation orders and he was not given time to show that his ankle injury needed surgical correction in order for him to show progress in losing weight.  A career counselor told him he should not have been given a "3" as an RE code.  He adds he wants to reenter the U.S. Army.

3.  The applicant provides no additional evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 11 April 2007.  He completed training and he was awarded military occupational specialty 91D (Power Generation Equipment Operator).

2.  A DA Form 5500 (Body Fat Content Worksheet - Male), dated 5 August 2009, shows the applicant was not in compliance with the Army's weight control and body fat standards.

3.  A DA Form 5500, dated 23 January 2010, shows the applicant was in compliance with the Army standards.
4.  The applicant reenlisted in the RA on 29 January 2010.

5.  A DA Form 5500, dated 25 June 2010, shows the applicant was not in compliance with the Army standards.

6.  A DA Form 4856, (Developmental Counseling Form), dated 25 June 2010, shows the applicant was previously enrolled in the Army Weight Control Program (AWCP) and that he was being placed back in the program for failing to meet the Army standards.

7.  Headquarters, 4th Battalion, 3rd Aviation Regiment, Hunter Army Airfield, GA, memorandum, dated 20 April 2011, subject:  Weight Control Program, shows that based on an examination by the battalion flight surgeon, the applicant was medically cleared to participate in a weight control and exercise program.

8.  A Discretionary Command-Directed Referral for Behavior Health Evaluation, dated 2 May 2011, shows the applicant's commanding officer documented the applicant's job performance as "great performer, just has systemic weight control issues."

9.  A DA Form 2808 (Report of Medical Examination), completed for the purpose of the applicant's separation processing on 9 May 2011, shows the applicant was scheduled for ankle arthroscopy on 19 May 2011 and that he would need continued orthopedic care and physical therapy.

10.  On 1 June 2011, the applicant's commander notified the applicant that he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 18, because he failed to maintain weight control standards in accordance with Army Regulation 600-8 (AWCP).  The applicant was also advised of his rights and the separation procedures involved.

11.  On 2 June 2011, the applicant acknowledged he had been advised of the basis for the contemplated separation action, the rights available to him, and of the effect of a waiver of his rights.  The applicant waived consideration of his case by an administrative separation board and he elected not to submit statements in his own behalf.

12.  The separation authority approved the applicant's recommendation for discharge and directed his discharge under the provisions of Army Regulation 635-200, chapter 18, with issuance of an Honorable Discharge Certificate.


13.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably released from active duty (REFRAD) on
26 June 2011 under the provisions of Army Regulation 635-200, chapter 18, by reason of weight control failure.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 4 years, 2 months, and 16 days of creditable active service.  His DD Form 214 also shows in:

	a.  item 26 (Separation Code) the entry "LCR," and

	b.  item 27 (Reentry Code) the entry "3."

14.  Army Regulation 635-5-1 (Separation Program Designator (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 the SPD code LCR is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 18, by reason of weight control failure.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of LCR.

15.  Army Regulation 635-200 further 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 (Active and Reserve Components 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 for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code of "3" should be changed because he had an ankle injury, but he was not given time to show progress in losing weight, and he would like to reenter military service.


2.  The applicant's contention was carefully considered.

	a.  The evidence of record shows the applicant failed to meet the Army's weight control/body fat standards and he was placed in the AWCP in August 2009.  He met the Army standards in January 2010 and he was removed from the AWCP.  However, in June 2010, he was placed back in the program for failing to meet the Army's standards and he was medically cleared to participate in a weight control and exercise program.

	b.  The evidence of record shows the applicant was in the AWCP (the second time) for more than 10 months before his commander initiated separation actions.  The applicant reported an ankle injury during his separation processing on 9 May 2011.  There is no evidence of a reported ankle injury prior to this date.

	c.  Therefore, based on the evidence of record, the applicant's contention that he was not given time to show progress in losing weight is somewhat disingenuous.

3.  The evidence of record shows the applicant's separation under the provisions of Army Regulation 635-200, chapter 18, based on weight control failure was administratively correct and in compliance with applicable regulations in effect at the time with no indication of procedural errors which would have jeopardized his rights.

4.  Records show that RE code "3" establishing the applicant's ineligibility for enlistment/reenlistment without an approved waiver was correctly entered on his DD Form 214 in accordance with governing Army regulations.  Therefore, the reentry code that is shown on the applicant's DD Form 214 is appropriate and correct.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

6.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however it does allow for a waiver of disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process 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)                                         AR20110014214



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014214



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1