IN THE CASE OF:	

		BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20130000985 


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 reentry (RE) code and narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he was discharged and issued an uncharacterized separation based on a "physical condition, not a disability" with an RE code of "3."  He recently received a routine medical examination and the doctor found him in good mental and physical condition.

 3.  The applicant provides a copy of the medical report.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 21 February 2012 for a period of 8 years and further enlisted in the Regular Army on 29 May 2012 for a period of 3 years and 17 weeks.

2.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) shows that on 6 July 2012 the applicant was diagnosed with patellofemoral syndrome (knee pain in association with positions of the knee that results in increased or misdirected mechanical forces between the kneecap and femur).

	a.  It also shows the condition existed prior to service (EPTS) and the applicant did not meet medical retention standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.
	b.  On 26 July 2012, the board recommended the applicant be separated for failure to meet medical procurement standards.  The medical approving authority approved the findings of the board.

3.  On 31 July 2012, the applicant was counseled by his commanding officer on options regarding the board's recommendation for separation.  He concurred with the recommendation and requested discharge without delay.

4.  On 1 August 2012, the discharge authority approved the applicant's separation action.

5.  The applicant's DD Form 214 shows he entered active duty on 29 May 2012 and he was discharged on 7 August 2012 with uncharacterized service.  He had completed 2 months and 9 days of active service this period.  It also shows in:

   a.  item 25 (Separation Authority):  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11;

   b.  item 26 (Separation Code):  "JFW";

   c.  item 27 (Reentry Code):  "3";

	d.  item 28 (Narrative Reason for Separation):  "Failed Medical/Physical/ Procurement Standards"; and

6.  In support of his request, the applicant provides a copy of a Lincoln Medical and Mental Health Center, Event Result Report that shows he underwent a routine general medical examination on 1 October 2012.  The doctor noted the applicant's pre-existing condition of patellofemoral syndrome; that the applicant was discharged from the Army due to the condition; and that he wanted to reenter the Army.  The doctor indicated that he personally examined the applicant's condition and he was asymptomatic (on no medications); his gait was normal; and both knees were without malformations, tenderness, or swelling.

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

   a.  The Separation Program Designator (SPD)/RE Code Cross Reference Table provides for the assignment of RE Code 3 for members separated with SPD code "JFW" (Failed Medical/Physical/ Procurement Standards); and

   b.  RE Code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the RE code and narrative reason for separation shown on his DD Form 214 should be corrected because a civilian doctor found the condition that was the basis for his discharge to be asymptomatic.

2.  Records show that within 40 days of entering active duty the applicant was diagnosed with knee pain and he was counseled on an EPTS discharge.

3.  Records show an EPSBD was convened within the applicant's first 2 months of active duty and found his condition was medically disqualifying under procurement medical fitness standards.  He concurred with the EPSBD proceedings and requested discharge without delay.  Prior to the applicant completing 180 days of active service, the separation authority directed the applicant be discharged.

4.  The applicant's administrative separation under the provisions of Army Regulation 635-200, paragraph 5-11, based on being not medically qualified under procurement medical fitness standards prior to entry on active duty was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized his rights.  In addition, the type of discharge directed, reentry code, and narrative reason shown on the applicant's DD Form 214 are appropriate and correct.

5.  The evidence the applicant provides with respect to his civilian medical examination was considered.  The fact that a civilian medical doctor found the applicant's condition was asymptomatic and that he was not on any medications approximately 2 months after the applicant's discharge from the Army is noted.  However, it does not establish an error or injustice in the decision made by the Army to administratively discharge the applicant for not meeting procurement medical fitness standards or in the RE code he was given, which indicates he has a waivable disqualification.
6.  In view of all of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20130000985



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ABCMR Record of Proceedings (cont)                                         AR20130000985



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