IN THE CASE OF:	  

		BOARD DATE:  28 January 2014

		DOCKET NUMBER:  AR20130008218 


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 change of the reentry eligibility (RE) code on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) from "RE-3" to an RE code that will allow him to reenter military service.

2.  The applicant states he was discharged due to his asthma that existed prior to service (EPTS).  He was issued an RE code of "3" and a Separation Program Designator (SPD) code of "JFM."

   a.  He does not dispute the fact that he had asthma before entering military service and that he was properly discharged.  However, since his discharge, the Army has implemented a different policy.  Now, Soldiers who enter service with asthma are provided treatment instead of being discharged.  Thus, the RE code he was issued is no longer valid.

   b.  He states he had no problem with completing basic combat, advanced individual, and airborne training.  However, he made some poor health choices at the time, including being a heavy smoker.

   c.  He adds that he also had some personal differences with his first sergeant due to being treated unfairly in which the Inspector General (IG) was involved and also "borderline CID [Criminal Investigation Division] issues."  As a result, he decided the only way out of his situation was to use his asthma as a means for a discharge.

   d.  About seven years ago he tried to reenlist.  He worked with a recruiter and provided medical documentation showing he is fully capable of performing as a Soldier.  The Military Entrance Processing Station concurred; however, he was denied a waiver to reenter military service.  He seeks a change to his RE code and/or clarification on how to accomplish the task of reentering military service.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army (RA) on 24 February 1999 for a period of 3 years.

3.  He completed basic combat, advanced individual, and airborne training, and he was awarded military occupational specialty 11B (Infantryman).  He was promoted to private first class/pay grade E-3 on 1 March 2000.

4.  The applicant's military personnel records do not contain a copy of his Medical Evaluation Board or Physical Evaluation Board (PEB) proceedings.

5.  The applicant's DD Form 214 shows he entered active duty on 24 February 1999 and he was honorably discharged on 18 July 2000 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement or Separation), paragraph 4-24b(4), based on disability, EPTS, PEB.  He completed 1 year, 4 months, and 25 days of net active service.  It also shows in:

* item 26 (Separation Code):  "JFM"
* item 27 (Reentry Code):  "3"


6.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. 

   a.  It shows that the SPD code "JFM" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(4), for disability, existed prior to service, physical evaluation board.

   b.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated with an SPD code of "JFM."

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 includes a list of the RA
RE codes and shows that RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  That is, they are ineligible for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code should be changed to an RE code that will allow him to reenter military service because individuals may now enter military service with asthma.

2.  Records show the applicant was discharged based on a disability that was EPTS. 

3.  The evidence of record shows that RE code "3" establishing the applicant's ineligibility for enlistment/reenlistment without an approved waiver was correctly entered on his DD Form 214 in accordance with governing Army regulations.  Therefore, the reentry code that is shown on the applicant's DD Form 214 is appropriate and correct.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

5.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it allows for a waiver of the disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can 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 responsible for processing 
RE code 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)                                         AR20130008218



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ABCMR Record of Proceedings (cont)                                         AR20130008218



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