IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130000572
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 that his Reentry (RE) code of 3 be changed to a 1.
2. The applicant states, in effect, that he never had and does not now have asthma.
3. The applicant provides copies of:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* VA Form 21-4142 (Authorization and Consent to Release Information to the Department of Veterans Affairs (VA)
* Medical examination record, dated 4 June 2012
CONSIDERATION OF EVIDENCE:
1. On 26 May 2011, the applicant enlisted in the Regular Army (RA).
2. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 2 August 2011, reports:
a. after careful consideration of medical records, laboratory findings, and medical examinations, the EPSBD found that the applicant was unfit for enlistment in accordance with current medical fitness standards due to having exercise-induced asthma; and
b. the opinion of the evaluating physician was that the applicant's medical condition existed prior to his entry into military service.
3. The findings of the EPSBD were approved on 4 August 2011.
4. On 11 August 2011, the applicant concurred with the EPSBD and requested discharge without delay.
5. His DD Form 214 ending on 26 August 2011 shows he was administratively discharged under the provisions of Army Regulation 600-200, paragraph 5-11 due to failing to meet medical/physical procurement standards. His service was uncharacterized. He had completed 3 months and 1 day of creditable active service. He was assigned a Separation Program Designator (SPD) code of JFW and an RE code of 3.
6. Army Regulation 635-200 (Personnel Separations) provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically 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 entrance on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldiers 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 that time, 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 of regulation will normally be honorable, but will be uncharacterized if the Soldier is in an entry level status.
7. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the 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. An RE code of 3 applies to persons separated from their last period of service with a waivable disqualification.
8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code of JFW was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of paragraph 5-11 due to failing to meet medical/physical procurement standards. Additionally, SPD/RE Code Cross Reference Table, establishes RE-3 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not disagree with the finding of the EPSBD at the time that found he had exercise-induced asthma and that is existed prior to his entering the service.
2. The RE code of 3 establishing his ineligibility for enlistment/reenlistment without a waiver was correctly entered on his separation document in accordance with governing regulations.
3. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the assigned RE code of 3.
4. The applicant is advised that his RE code is for a waivable condition. If he desires to reenter military service he should take his recent medical documents and DD Form 214 to a military recruiter who can then determine if it would be appropriate to request approval of a waiver.
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 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) AR20130000572
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130000572
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100021562
The applicant's record shows he enlisted into the Regular Army and entered active duty on 11 July 2001. However, it does include a DD Form 214 that shows he was discharged after completing a total of 4 months and 10 days of active military service under the provisions of paragraph 5-11, Army Regulation 635-200 (Personnel Separations), 5. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service...
ARMY | BCMR | CY2010 | 20100030090
The SPD/RE Code Cross Reference Table established the RE code of 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11 for failure to meet procurement medical fitness standards. Paragraph 5-11 specifically 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 entrance on active...
ARMY | BCMR | CY2009 | 20090004537
On 9 April 1998, 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 (Personnel Separations Enlisted Personnel). 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,...
ARMY | BCMR | CY2003 | 2003088497C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: Such conditions must be discovered during the first six months of active duty, and such findings will result in an EPSBD.
ARMY | BCMR | CY2009 | 20090014333
The applicant states he was assigned an RE code of "3" for a preexisting medical condition of asthma but he does not have asthma and he has never had asthma. The applicant contends his RE code of "3" should be changed to an RE code of 1 because he was separated due to a preexisting medical condition of asthma; however, he does not have asthma and he has never had asthma. The EPSBD based its findings on the applicant's medical condition at the time and the applicant's statement that he used...
ARMY | BCMR | CY2006 | 20060007527C070205
The applicant's records contain a copy of his Report of Medical Examination, dated 13 July 2004, which was prepared prior to his entrance on active duty and shows that he was qualified for enlistment with a 111121 physical profile. Pertinent Army regulations provide 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. The applicant has failed to show, through the evidence submitted with his...
ARMY | BCMR | CY2010 | 20100029488
The applicant states at the time of his examination physicians found no substantial evidence to support an asthma diagnosis. The EPSBD determined that the applicant did not meet medical fitness standards for enlistment based on the applicant's history of asthma. Paragraph 5-11 specifically 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...
ARMY | BCMR | CY2011 | 20110003019
Application for correction of military records (with supporting documents provided, if any). A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldiers 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, and the medical condition does not...
ARMY | BCMR | CY2011 | 20110007971
Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard and includes a list of Armed Forces RE codes: a. RE-1 applies to persons completing an initial term of active service who are fully qualified when last separated. They are required...
ARMY | BCMR | CY2008 | 20080005166
Application for correction of military records (with supporting documents provided, if any). The applicant provides his separation document (DD Form 214) and a partial Entrance Physical Standards Board (EPSBD) Proceedings packet in support of his application. The evidence of record contains a properly constituted DD Form 214 that shows the applicant was discharged under the provisions of Paragraph 5-11, Army Regulation 635-200, by reason of failure to meet procurement medical fitness...