IN THE CASE OF:	  

		BOARD DATE:  25 July 2013

		DOCKET NUMBER:  AR20130000514 


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 correction of the following items in his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* item 24 (Character of Service) from uncharacterized to something more favorable
* item 26 (Separation Code) from "JFW" to something different
* item 27 (Reentry (RE) Code) from RE-3 to RE-1

2.  The applicant states:

	a.  He enlisted in the Army within a few weeks of being released from Physical Therapy.  A year earlier, he had broken his right wrist which resulted in the placement of a pin in his wrist.  Though he was released by his provider, the physical demands of Infantry training took its toll on his wrist, which at the time was not capable of withstanding the rigors of basic and advanced training and then onto Airborne and Air Assault training.  He was told he could stay in the Army but change his military occupational specialty (MOS) or go home.  At 19, the only thing he wanted to do was jump out of planes and be an Infantryman so he chose to go home, a decision he now regrets considering all the training, educational opportunities, and career opportunities that the military has to offer. 

	b.  He wishes to reenter the Army in the Army Medical Department (AMEDD) as a 70A, Health Care Administrator.  He currently has no issues, problems or concerns with his right wrist.  He is in excellent physical shape, 5 foot 6 inches, 150 pounds, and he runs 2 miles every day.  He had his wrist examined by a provider and he has concluded that it is fit for military service.  He is currently the Associate Director for Ambulatory Clinics at Wake Forest Baptist Health in Winston-Salem, NC, where he manages primary care clinics, two pediatric clinics, an OB/GYN clinic and an Internal Medicine clinic.  Between the four clinics, they see over 80,000 patients a year.  He has his Bachelor of Science in Business Administration, a Master of Business Administration in Accounting and is currently working on his Masters in Public Health (MPH) from the University of North Carolina (UNC), Chapel Hill.  He also has a certificate in Executive Leadership for Healthcare Professionals from Cornell University and a Certificate in Public Health Leadership from UNC Chapel Hill.  Upon completing his MPH, he plans on obtaining his Doctorate in Public Health from UNC Chapel Hill as well.  He wants the Board to consider his request so he can utilize his experience, education and training and serve our country within the Army Reserves as a Health Care Administrator.

3.  The applicant provides his DD Form 214, a résumé, and a medical statement. 

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’s records show he underwent an enlistment physical at Fort Benning, GA, for enlistment in the Regular Army (RA).  The military physician noted he had a fracture to the right wrist that was operated on in 1993 and that the fracture had healed. 

3.  He enlisted in the RA on 13 October 1994.  He was assigned to Fort Benning, GA, for completion of basic combat and advanced individual training. 

4.  During week 7 of training, he experienced pain with push-ups and lifting and he had limited motion.  He was medically evaluated and found to have had an old right scaphoid fracture that had been previously treated.  X-rays showed a healed scaphoid fracture to the right wrist with screw in place.  
5.  His DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 22 January 1995, shows after careful consideration of his medical records, laboratory findings, and medical examination, the board indicated his injury existed prior to service and was not aggravated by service.  He did not meet medical retention standards and he was recommended for separation under paragraph 5-11 of Army Regulation 635-200 ((Personnel Separations- Enlisted Personnel).

6.  On 22 January 1995, the medical approving authority approved the findings of the EPSBD and recommended that the applicant be separated from the service under the provisions of paragraph 5-11 of Army Regulation 635-200. 

7.  On 23 January 1995, after having been counseled by a physical evaluation board liaison officer, the applicant agreed with the proceedings and requested to be discharged from the Army without delay.  

8.  On 25 January 1995, his unit commander recommended approval of the discharge action. 

9.  On 30 January 1995, the discharge authority approved the applicant's separation from the Army.  Accordingly, he was discharged from active duty on 
6 February 1995, under the provisions of paragraph 5-11 of Army Regulation 635-200, by reason of failure to meet procurement medical fitness standards.  He completed 3 months and 24 days of active service.  This form also shows in:

* item 24 - Uncharacterized
* item 26 - JFW
* item 27 - RE-3

10.  He submits a résumé that captures his education and professional credentials.  He also submits a medical statement, dated 14 December 2012, from a civilian doctor who opines that the applicant's injury had healed and that he would be able to perform his military obligations without any restrictions.  He recommends his reinstatement. 

11.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are 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, active duty for training, or initial entry training will be separated.  A medical proceeding conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six 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 the time of enlistment, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (entry level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.

12. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.  Table 3-1 includes a list of the Regular Army RE codes.  An 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.  An 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 unless a waiver is granted.  

13.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code JFW is the correct code for Soldiers separating under the provisions of chapter  5-11 of Army Regulation 635-200.

14.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  The cross reference table in effect at the time of his discharge shows the SPD code JFW has a corresponding RE code 3.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered military service with a pre-existing injury.  During week 7 of training, he complained of painful motion.  Upon examination, X-rays showed a healed scaphoid fracture to the right wrist with screw in place.  The EPSBD proceedings clearly established he suffered from a disqualifying medical condition that existed prior to his service.  

2.  Accordingly, since he failed medical procurement standards, separation action was initiated against him.  He was advised of his rights and presented with options.  He elected immediate discharge without any delay.  

3.  Because this condition was identified within his first 180 days of service, his discharge was appropriately characterized as an entry-level characterization of service (uncharacterized).  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  There is no evidence in the available records nor did the applicant provide evidence to substantiate a correction to the narrative reason for separation.  As such, there is no reason to change the reason for her separation.

5.  His RE code was assigned based on the fact that he was separated under the provisions of paragraph 5-11 of Army Regulation 635-200 by reason of failure to meet procurement medical fitness standards.  The appropriate separation code associated with this type of discharge is "JFW" and the corresponding RE code associated with this separation code and type of discharge is RE-3.  Therefore, he received the appropriate RE code associated with his discharge and there is no reason to change either entry.

6.  The ABCMR does not establish eligibility for entry into the Army nor does correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that 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 required to process requests for enlistment 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)                                         AR20130000514





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ABCMR Record of Proceedings (cont)                                         AR20130000514



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