IN THE CASE OF:
BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120020370
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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a more favorable separation code and reentry eligibility (RE) code for the purpose of enlisting in the U.S. Army.
2. The applicant states the separation and RE codes she was issued suggests an erroneous enlistment. She states she became very anemic during basic training and further testing revealed a tumor. She was given the option to go home or transfer to medical hold for extensive testing. She was 18 years old, tired, and scared. She was told she had a life-threatening illness so she chose to go home to her family. She was not aware that this decision would ruin her opportunity to reenter military service in the future. She states she simply wants the option to enlist when she is medically fit and to serve her country.
3. The applicant provides a self-authored letter and copies of her medical treatment records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 4 August 2010 for a period of 3 years and 34 weeks and training as a human intelligence collector. She was assigned to Fort Leonard Wood, Missouri, to undergo basic training.
2. On 21 October 2010, an Entrance Physical Standards Board found that the applicant had a superior mediastinal mass which did not meet procurement or retention standards and recommended her discharge. The applicant concurred and requested to be discharged without delay.
3. The appropriate authority approved the recommendation for discharge and directed that her service be uncharacterized.
4. She was discharged accordingly on 3 November 2010 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, for failure to meet medical/physical procurements standards. She was assigned a separation code of "JFW" which indicates discharge under paragraph 5-11 (Failed Medical/Physical Procurement Standards) and an RE code of "3." She completed 3 months of active service which was uncharacterized.
5. Army Regulation 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.
a. It provides that entry-level status begins on the date initial training begins and terminates 180 days after beginning training. Service of personnel in an entry-level status will be uncharacterized.
b. Paragraph 5-11 provides the criteria for the separation of personnel who did not meet procurement medical fitness standards when accepted for enlistment. It states that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities within 6 months of initial active duty for training which would have temporarily or permanently disqualified the member for entry into military service had it been detected at the time of enlistment.
6. Pertinent Army regulations provide that individuals will be assigned RE codes prior to discharge or release from active duty 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 processing into the Regular Army. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.
7. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights.
2. The applicant was issued the proper separation code and RE code commensurate with the basis for her discharge and she has failed to show through the evidence submitted or the evidence of record that she was issued the wrong separation code and RE code at the time of her separation. Although she is not precluded from applying for a waiver of her RE code at a local recruiting office, there is no basis for the Board to change her RE code at this time.
3. Therefore, she must apply for a waiver and undergo an entrance medical examination in order for such a determination to be made as to whether she is eligible for enlistment based on the needs of the Army.
4. Accordingly, there appears to be no basis to grant her request as she still has the option of applying for a waiver through her local recruiting office.
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) AR20120020370
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ABCMR Record of Proceedings (cont) AR20120020370
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