IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003447
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by issuing him a separation code and Reentry (RE) Code that will allow him to enlist in the Armed Forces.
2. The applicant states, in effect, that he was unjustly issued a separation code and RE Code that prevent him from enlisting. He goes on to state that the separation code he was issued classifies him as someone who fraudulently enlisted, which makes him unable to reenlist. He also states he was discharged for having flat feet; however, he was led to believe by recruiters and the staff at the Military Entrance Processing Station (MEPS) that he did not have flat feet. He continues by stating that either he had it and it was missed or he got it while in training.
3. The applicant provides a copy of his DD Form 214, a copy of his Entrance Physical Standards Board (EPSBD) Proceedings, and a diagnosis by both a civilian podiatrist and physical therapist.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 31 May 2011.
2. On 28 August 2011, an EPSBD determined that he was unfit for enlistment and that his condition existed prior to service. The applicant was diagnosed as having bilateral pes planus, hammer toes deformity, and chronic foot pain. The subjective findings indicate that the applicant related a history of bilateral foot pain that began in his first week of basic training. He also was evaluated multiple times and treated for plantar fascilitis, and underwent physical therapy unsuccessfully. The board recommended that he be separated from the service.
3. On 6 October 2011, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, due to failure to meet medical/physical procurement standards. He had served 4 months and 6 days of active service and his service was uncharacterized. He was issued a separation code of JFW which indicates separation due to failure to meet medical/physical procurement standards and he was issued a RE Code of 3.
4. 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. It states that the SPD code JFW is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet 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.
5. 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 applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. He was separated under the provisions of Army Regulation 635-200, paragraph 5-11, and was properly issued a separation code of JFW and an RE Code of "3" in accordance with the applicable regulations. These codes do not indicate he fraudulently enlisted. Oftentimes individuals are allowed to enlist with conditions that might or might not cause problems with the rigors of Army training, and often those individuals successfully complete their training and their Army careers. Unfortunately, it appears the applicants flat feet may have been barely noticeable upon enlistment processing and then he became one of those cases where his condition could not endure the rigors of Army training.
3. In view of the foregoing, there appears to be no basis for granting the applicant's requested relief.
4. 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) AR20120003447
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