BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002111
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 Item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 February 2011 to show a reentry eligibility (RE) code.
2. The applicant states that he has no RE code and he is being prevented from reenlisting in the military. He has been informed that contacting and submitting a review through this Board is the only way to get his records changed so he may be eligible to reenlist. He is in perfect physical/mental condition and requires a change to his RE code and possibly his separation code in order to reenlist. He performed well and completed Basic Combat Training (BCT); Warrant Officer Candidate School (WOCS); Junior Officer Professional Development (JOPD); and Survival, Evasion, Resistance and Escape (SERE) courses. He does not believe he should be permanently banned from entering the military because of a singular personal issue that happened during the time he was attending flight school.
3. The applicant provides his DD Form 214 for the period ending 18 February 2011.
CONSIDERATION OF EVIDENCE:
1. On 24 August 2009, the applicant enlisted in the Regular Army under the provisions of the U.S. Army Officer/Warrant Officer Enlistment Program for the purpose of attending Warrant Officer Flight Training. He enlisted in the rank/pay grade of private first class (PFC)/E-3.
2. Upon completion of BCT on 5 November 2009, the applicant was promoted to the rank/pay grade of sergeant (SGT)/E-5 and designated as a warrant officer candidate.
3. On 24 February 2010, the applicant completed WOCS and was discharged from the Regular Army in the rank/pay grade of SGT/E-5 for the purpose of accepting a commission or warrant in the Army. The DD Form 214 that he was issued at the time shows he was honorably discharged and assigned an RE code of "1."
4. The applicant was conditionally appointed as a Reserve warrant officer in the rank/pay grade of warrant officer one (WO1)/W-1 on 25 February 2010 with concurrent call to active duty. He accepted this appointment with the understanding that he must successfully complete technical and tactical certification by successful completion of the Warrant Officer Basic Course (WOBC) per the terms of his enlistment contract and other regulations or he would be subject to discharge under the provisions of Army Regulations.
5. The applicant's record contains Headquarters, United States Army Aviation Center of Excellence, Fort Rucker, AL memorandum, dated 12 January 2011, subject: Involuntary Release from Active Duty (REFRAD) - WO1 (applicant's name). In this memorandum, the Commanding General informed the applicant that:
a. on 19 November 2010, he was eliminated from the Initial Entry Rotary Wing (IERW) Course due to medical reasons. On 5 November 2010, doctors from the United States Army Aeromedical Center (USAAMC) medically disqualified him from flight status and further aviation service. This disqualification was due to a diagnosis of Unsatisfactory Aeromedical Adaptability.
b. his REFRAD was directed pursuant to pertinent Army regulations and his medical disqualification and elimination from the IERW course were the bases for the termination of his warrant officer appointment and his REFRAD.
c. he would not be considered for future aviation training.
d. his service would be characterized as honorable.
6. His DD Form 214 shows he was honorably discharged in the rank/pay grade of WO1/W-1 on 18 February 2011 in accordance with Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 2-37, by reason of "Failure to complete course of instruction." Item 26 (Separation Code) shows his separation program designator (SPD) code as "JHF" and item 27 contains the entry "NA."
7. 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. It states that SPD code JHF is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 600-8-24, paragraph 2-37, by reason of "Failure to complete course of instruction." The SPD/RE Code Cross Reference Table does not show a corresponding RE code to be assigned to members separated under these provisions with an SPD code of JHF.
8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 provides an item by item description of the DD Form 214. Paragraph 2-4 of this regulation states that Item 27 is obtained from Army Regulation 601-210 (Active and Reserve Components (RC) Enlistment Program) which determines Regular Army and U.S. Army Reserve reentry eligibility and provides regulatory guidance on RE codes. These codes are not applicable to officers, U.S. Military Academy (USMA) cadets who fail to graduate or enter USMA from active duty status, or to RC Soldiers being separated for other than cause.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant was discharged while in an officer status.
2. The governing regulation is clear in that these codes are not applicable to officers. There is no administrative relief available to the applicant in this case.
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) AR20140002111
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