IN THE CASE OF:	  

		BOARD DATE:  3 May 2012

		DOCKET NUMBER:  AR20110022031 


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 from RE-3 to RE-1.

2.  The applicant states the medical condition that resulted in his separation has been "solved" without surgery and he wishes to reenter the service.  He did not have scoliosis at the time of enlistment and did not have it after discharge.

3.  The applicant provides:

* a DD Form 2807-2 (Medical Prescreen of Medical History Report)
* a DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States)
* his Enlisted Record Brief (ERB)
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  A Report of Medical Examination, dated 23 September 2009, shows a finding of thoracic scoliosis, mild, asymptomatic.

2.  Scoliosis is a medical condition in which a person's spine is curved from side to side.  Although it is a complex three-dimensional deformity, on an X-ray viewed from the rear, the spine of an individual with scoliosis may look more like an "S" or a "C" than a straight line.  Scoliosis is typically classified as either 

congenital, caused by vertebral anomalies present at birth; idiopathic, cause unknown; or neuromuscular, having developed as a secondary symptom of another condition, such as spina bifida, cerebral palsy, spinal muscular atrophy, or physical trauma.

3.  The DD Form 2807-2, dated 11 January 2010, shows the applicant answered "no" to all medical questions.

4.  The applicant enlisted in the Regular Army on 24 March 2010.  He is shown to have been unable to complete basic training due to thoracic pain preventing him from doing upper body physical training.  The condition was determined to have existed prior to service.

5.  A DA Form 2697 (Report of Medical Assessment), dated 18 May 2010, shows the applicant had thoracic scoliosis with concavity to the left that prevented him from performing his duties due to pain.  The back problem was reported as not being present until he suffered a fall during training.

6.  A DA Form 4707 (Entrance Physical Standards Board (EPSB) Proceedings), dated 27 May 2010, states that during the 7th week of his initial enlistment training he was identified as having an EPTS condition on 19 May 2010.  The report states:

	a.  the Soldier has a congenital history of chronic thoracic spine pain with severe thoracic scoliosis with concavity to the left;

	b.  he did not reveal this information to the Military Entrance Processing Station (MEPS) upon coming into Basic Training;

	c.  thoracic spine pain was initiated and worsened by doing upper body physical training.  He is unable to do the required upper body physical training due to this chronic thoracic spine pain secondary to thoracic spine scoliosis;

	d.  objective findings were a decreased thoracic range of motion and decreased muscle strength; pain 5 on 10 scale; lumbar spine pain elicited on flexion, rotation to the right and left lateral flexion; 

	e.  radiological findings showed right thoracic spinal with concavity to the left. Scoliosis angle measures 26 degrees toward the T-8 vertebral body; 

	f.  the diagnosis was chronic thoracic spine pain with severe thoracic scoliosis with concavity to the left; and

	g.  it was recommended the applicant be separated from the military.

7.  The applicant concurred with the proceedings and requested to be discharged from the U.S. Army without delay.

8.  On 7 June 2010, the applicant's unit commander recommended the applicant be separated under the provisions of Army Regulation 635-200, paragraph 5-11, for a medical condition that existed prior to service (chronic thoracic spine pain with severe thoracic scoliosis with concavity to the left).  The unit commander recommended the applicant be discharged with an entry-level separation (uncharacterized).

9.  On 28 June 2010, the applicant waived his rights to seek legal counsel in regard to his separation.  He further indicated he did not want to remain on active duty.

10.  The appropriate discharge authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-11 for a medical condition that existed prior to active service.  On 22 July 2010, the applicant was discharged by reason of failing to meet medical/physical/procurement standards. He received an uncharacterized characterization of separation with a separation code of JFW and an RE code of 3.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 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 entrance on active duty or active duty 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
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 that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  The characterization of service for Soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.

12.  Army Regulation 635-200, paragraph 3-9a(1), states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under 

other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

13.  Army Regulation 635-200 defines entry-level status as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days of active service.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

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 the SPD code of JFW is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failed medical/physical/ procurement standards.  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 JFW.

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's entrance medical examination found the applicant had thoracic scoliosis that was asymptomatic at the time of his entrance and there is no documentation of an in-service injury that caused a permanent aggravation of his scoliosis.

2.  The EPSB determined the applicant's thoracic scoliosis was a congenital condition that existed prior to his entry in the service and that it prevented him from completing his basic training, thereby warranting separation from the Army.
3.  The record does not contain and the applicant has not provided any evidence that he does not have thoracic scoliosis.  While a person's pain level may vary the actual scoliosis is not a condition that goes away without intervention.

4.  The RE code assigned to the applicant is based the authority and narrative reason for his separation.  The record does not contain and the applicant has not provided any evidence to show this was an improper determination.

5.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20110022031



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ABCMR Record of Proceedings (cont)                                         AR20110022031



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