BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130007602 


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, change of her reentry eligibility (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE-3 to a more favorable code so she could reenter military service.

2.  The applicant states:

* She was in training for military occupational specialty (MOS) 63B (Heavy Construction Equipment Mechanic) and she was within 2 weeks of graduation
* She was assigned Separation Code "JFW" and an RE-3; her Separation Code indicates "Erroneous Enlistment"
* She did have a minor procedure when she was 12 years old and she informed officials at the Military Entrance Processing Station (MEPS)
* She had an ankle sprain during training but the doctors could not find any injuries
* She is now a police officer working shifts and exercising periodically with no problems
* She just wants to reenter the military but the RE code is preventing her from doing so

3.  The applicant provides:

* DD Form 214
* Active Duty for Training (ADT) separation orders
* 
Louisiana Army National Guard (LAARNG) discharge orders
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* Enlistment physical
* Other post-service medical statements

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 record shows she enlisted in the PAARNG on 13 December 2007.  She entered ADT on 14 January 2008 and she was assigned to Fort Leonard Wood, MO for training.

3.  The specific facts and circumstances of her release from ADT are not available for review with this case.  However, her record contains:

	a.  Orders 211-1310, issued by Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, dated 29 July 2008, ordering her discharge from ADT and return to the ARNG effective 30 July 2008.

	b.  A duly-constituted DD Form 214 that shows she was honorably discharged on 30 July 2008 under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), paragraph 5-11, by reason of failure to meet procurement medical fitness standards.  She completed 6 months and 17 days creditable active service.  Item 26 (Separation Code) of this form shows the entry "JFW" and item 27 (RE Code) shows the entry "RE-3."

4.  She submitted two post-service medical statements from doctors who opine her ankle does not appear to have any swelling or instability.  One of the doctors negated a previously-suspected navicular stress fracture and stated if it did exist in the past, it had resolved.

5.  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 Entrance Physical Standards Board Proceedings (EPSBD), regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into 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 (Standards of Medical Fitness), chapter 3.  

6.  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 RE codes. 

* 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
* 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

7.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations that 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 Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards.

8.  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 her discharge shows the SPD code JFW has a corresponding RE code 3.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her RE-3 should be upgraded so she may reenter military service.

2.  The facts and circumstances surrounding her discharge are not available for review with this case.  However, her record contains a DD Form 214 that shows she was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards.  It appears she was found medically unqualified for enlistment immediately after reporting for training by reason of a disqualifying medical condition that appears to have existed prior to her service.

3.  Her RE code was assigned based on the fact she was separated under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards - not erroneous enlistment as she contends.  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.  In the absence of evidence to the contrary it is presumed she received the appropriate RE code associated with her discharge.

4.  The ABCMR does not establish eligibility for entry into the Army nor does it correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if she desires to reenter military service, she should contact a local recruiter who can best advise her on her 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 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)                                         AR20130007602



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ABCMR Record of Proceedings (cont)                                         AR20130007602



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