IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020124
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 (RE) code of RE-3 be changed to an RE code which would allow him the option to reenter the military.
2. He states he believes he was misdiagnosed. He went to an ear, nose, and throat (ENT) specialist who concluded he has never suffered from his diagnosis of a vocal cord dysfunction. The doctor who diagnosed him only suggested a
90-day period after which he could then return to full active duty. He would like the opportunity to serve as either an enlisted Soldier or an officer.
3. He provides an ENT recommendation.
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 applicants 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 applicants 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 on 26 June 2003. He completed training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).
3. His records do not contain his discharge packet. However, his DD Form 214 shows, on 28 October 2004, he was discharged, with an honorable characterization of service, in pay grade E-3, under the provisions of Army Regulation 635-200, paragraph 4-24b (3), for the reason of disability with severance pay. He was given an RE code of 3 and a separation code of JFL.
4. He provided a document from a doctor, dated 20 April 2010, which indicated the applicant was a new patient. The doctor indicated the applicant had asthma as a baby. As a result of this, the applicant was told he may have difficulty breathing if he had to wear a chemical mask because his vocal cords could close up. The doctor stated the applicant had no problems whatsoever with his vocal cords. The doctor indicated that based upon his history and examination the applicant has normal vocal cord function and he was no more at risk of difficulty than any other normal individual.
5. His medical records are not available for review.
6. 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 and the U.S. 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 Regular Army RE codes.
7. RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
8. The Separation Program Designator Code (SPD)/RE Code Cross Reference Table states that when the separation code is JFL then RE code 3 will be given.
9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. His discharge packet and any related medical documents are not available to the Board for review. However, it must be presumed that at the time the applicant was properly processed for discharge due to a properly-diagnosed medical condition. The fact that a civilian doctor stated that based upon the applicant's history and examination he has normal vocal cord function and he was no more at risk of difficulty than any other normal individual does not show the Army's diagnosis was an error. As such, there is no evidence of an error in assignment of his reason for separation and, therefore, no basis for changing his reason for separation and RE code.
2. The applicant was disqualified from reenlistment, but the disqualification is waivable. Since enlistment criteria change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver. It would not be appropriate for this Board to substitute its judgment for that of the appropriate recruiting officials who may determine that he is not medically fit for enlistment.
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) AR20110020124
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110020124
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
AF | PDBR | CY2010 | PD2010-01089
Additionally, speech pathology commented that “stress related to adjustment to military life and depression related to being away from his family…appear to be significant contributing factors.” Psychiatry recommended concomitant treatment with SSRIs for management of the related depression and anxiety symptoms, with occasional short term use of benzodiazepines for acute exacerbations of his vocal cord dysfunction. The Board considered all of the evidence, and concluded that the...
AF | PDBR | CY2012 | PD 2012 00890
The VAs analogous asthma rating of 30% was based on daily use of Singulair and Albuterol and a diagnosis of asthma a year prior to separation. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CIs disability and separation determination, as follows: UNFITTING CONDITION VASRD CODE RATING Vocal Cord Dysfunction 6599-6520 0% COMBINED 0% The following documentary evidence was considered: Exhibit A. DD Form 294, dated 20120619, w/atchs Exhibit B. ...
AF | BCMR | CY2005 | BC-2004-01852
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01852 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED MANDATORY CASE COMPLETION DATE: 13 DEC 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code “4C” be changed to allow him to reenlist in the Air Force. _________________________________________________________________ AIR FORCE...
ARMY | BCMR | CY2011 | 20110024520
The applicant requests his reentry (RE) code be changed from an RE code of "3" to "1." The evidence of record does not show, nor has the applicant provided evidence showing, that his discharge with severance pay was improper. In the absence of evidence showing an error or injustice in the applicant's medical discharge processing, there is no basis for granting the relief he requests.
ARMY | BCMR | CY2013 | 20130001574
On 10 June 2011, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations), chapter 4, by reason of disability, severance pay, non-combat related. 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. Those individuals can best advise a former service member as to the needs of the...
AF | PDBR | CY2012 | PD2012-00285
On final PEB evaluation, 62 months later, the PEB adjudicated the vocal cord dysfunction and right lower extremity complex regional pain syndrome as unfitting, rated at 0% and 10% respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI was medically separated with a 10% disability rating. TDRL RATING COMPARISON: Service PEB Admin Correction – Dated 20050616 Rating Condition Code Complex Regional Pain Syndrome, Right Lower Extremity Vocal...
AF | PDBR | CY2013 | PD-2013-02277
Chronic Left Shoulder Pain Condition .The CI complained of left neck muscle spasmsseveralhours following his second AVA in the left arm on 1 August 2003.He reported that spasms and radiation of left arm pain had increased over the months,but he was asymptomatic at the 20May 2004 demobilization exam. Chronic Neck Pain Condition .An 18 February 2005 cervical spine MRIshowed a left disc protrusion at C6-7 causing stenosis and contacting the spinal cord and left-sided nerve root.The subjective...
ARMY | BCMR | CY2011 | 20110014679
Pertinent Army regulations stated 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. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. According to the SPD/RE Code Cross-Reference Table, the appropriate RE code for SPD code JFL is 3.
ARMY | BCMR | CY2003 | 2003090183C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The Board also carefully considered the supporting doctor’s letter provided by the applicant that indicates that he is now physically able to perform active duty service. In view of the circumstances in this case, the Board finds the RE-3 code was appropriately assigned based on the authority and reason for the applicant’s discharge.
ARMY | BCMR | CY2009 | 20090009411
The applicant's military record shows he enlisted in the Regular Army and entered active duty on 31 October 1989. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant upon his discharge on 19 November 1990 confirms he was separated, in the rank of private first class, under the provisions of paragraph 4-24e(3), Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of "physical disability with severance...