BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020301 


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 on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) from "RE-3" to "RE-1."

2.  The applicant states he was discharged due to having a LASIK procedure within the 6-month period prior to his entry on active duty.  (Note:  The MedicineNet.com website shows the abbreviation "LASIK" stands for laser-assisted in situ keratomileusis, a kind of laser eye surgery designed to change the shape of the cornea to eliminate or reduce the need for glasses and contact lenses in cases of severe myopia (nearsightedness)).

	a.  The applicant states he has long passed the 6-month healing period and his vision is 20/15.  He is trying to reenter military service; however, his RE code excludes him from certain military occupational specialties (MOS).

	b.  He concludes that by having repaired his eyesight the military will not incur the cost of correcting his vision in the future, he is now a greater asset to the military, and his RE code is no longer applicable.

3.  The applicant provides copies of his post-operative evaluation, a counseling statement, and his DD Form 214.


CONSIDERATION OF EVIDENCE:

1.  A DD Form 2808 (Report of Medical Examination), completed for the purpose of the applicant's entrance medical examination on 3 August 2009, shows in item 73 (Notes) that the applicant acknowledged he wore glasses/contact lenses.  It also shows the examining physician found him qualified for military service.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) on 31 August 2009 for a period of 8 years.  On 5 January 2010, he was discharged from the USAR and on 6 January 2010, he enlisted in the Regular Army (RA) for a period of
3 years and 16 weeks for training in MOS 21B (combat engineer).

3.  A DA Form 3349 (Physical Profile), dated 8 January 2010, shows the applicant was issued a 60-day temporary profile due to having recently had LASIK surgery (within the past 6 months).

4.  On 11 January 2010, the company commander counseled the applicant that he had received a recommendation to discharge him due to a condition that existed prior to service (EPTS).  Specifically, medical professionals had confirmed that he underwent LASIK eye surgery within the last 6 months.

5.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 22 January 2010, shows the EPSBD found the applicant was medically unfit for enlistment in accordance with current medical fitness standards.

	a.  The findings by the evaluating physicians shows that during the optometry screening, the applicant revealed he had LASIK eye surgery only 5 weeks prior to his arrival for duty.  Due to the risk of post-surgical complications that could occur during Initial Entry Training resulting in impaired vision and loss of training time, the physicians recommended the applicant not be retained.

	b.  The medical approving authority approved the EPSBD proceedings and the applicant was informed of the results.

	c.  On 26 January 2010, the applicant concurred with the EPSBD proceedings and requested discharge without delay.

	d.  The company commander recommended approval of the applicant's separation.

	e.  On 27 January 2010, the separation authority directed the applicant be discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards).

6.  On 8 February 2010, the applicant was discharged accordingly.  He completed 1 month and 3 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* item 23 (Type of Separation:  "Discharge"
* item 24 (Character of Service):  "Uncharacterized"
* item 25 (Separation Authority):  "Army Regulation 635-200,
paragraph 5-11"
* item 26 (Separation Code):  "JFW"
* item 27 (Reentry Code):  "3"
* item 28 (Narrative Reason for Separation):  “Failed Medical/Physical/
Procurement Standards”

7.  In support of his request the applicant provides a copy of his LASIK Plus Refractive Surgery Post-Op Evaluation that shows he had the LASIK procedure on 4 December 2009 and on 18 December 2009 his vision was 20/15.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel:

	a.  Chapter 5 (Separation for Convenience of the Government), 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 entry on active duty or active duty for training for initial entry training, may be separated.  Such conditions must be discovered during the first 6 months of active duty and will result in an EPSBD, which must be convened within the Soldier's first 6 months of active duty.

	b.  It also shows 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.

9.  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 shows 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, for failing to meet medical/physical/procurement standards.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated with an SPD code of "JFW."

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 includes 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 successful LASIK eye surgery, his vision is now 20/15, and he would like to reenter military service.

2.  The evidence of record shows the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-11, for failing to meet medical/physical/ procurement standards 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.

3.  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.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

5.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it allows for a waiver of the 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 are responsible for processing 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)                                         AR20120020301



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ABCMR Record of Proceedings (cont)                                         AR20120020301



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