IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120002922
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 his reentry eligibility (RE) code be changed to "1."
2. The applicant states he was misdiagnosed with Crohns disease. After several visits to a specialist, biopsies, and other research following his discharge, it shows he does not now, and never did, have the disease.
3. The applicant did not provide any additional documentation.
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 on 3 March 2005. He completed training and was awarded military occupational specialty 19D (Cavalry Scout).
3. On 30 November 2006, he was honorably discharged. He had completed
1 year, 8 months, and 28 days of net active service. His DD Form 214 (Certificate of Discharge or Release from Active Duty) shows he was issued a separation program designator (SPD) code JFM and an RE code of 3. The Narrative Reason for Separation shows "Disability, Existed Prior to Service, PEB."
4. His separation orders show the following remark in the Additional Instructions: "e. Separation is based upon medical condition that existed prior to military service. Disability severance pay is not authorized."
5. The Physical Evaluation Board (PEB) Proceedings are not available.
6. The DD Form 2808 (Report of Medical Examination), dated 24 February 2005, prepared as a part of his enlistment processing, does not shown any notation relating to Crohns disease.
7. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of Armed Forces RE codes including RA RE codes. RE-3 applies to persons separated with a waivable disqualification.
8. Army Regulation 635-5-1 (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. The SPD code of JFM was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating for disability, existed prior to service, PEB. Additionally, the SPD/RE Code Cross Reference Table establishes RE code 3 as the proper RE code to assign to Soldiers separated for this reason.
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. Paragraph 2-9 states 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. The applicant contends his RE code should be changed to "1" because he was misdiagnosed with Crohns disease.
2. The applicant did not provide any evidence to substantiate his allegations.
3. The RE code "3" was correct based upon the reason for his separation.
4. The regulations governing the Board's operation require that the discharge process must be presumed to have been in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption. The applicant is advised that Army recruiters should review his case and determine if a waiver to enlist would be appropriate.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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 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) AR20100010153
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ABCMR Record of Proceedings (cont) AR20120002922
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