IN THE CASE OF:
BOARD DATE: 1 October 2014
DOCKET NUMBER: AR20140003321
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 his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 8 March 2013, to show he received a reentry (RE) Code of "1."
2. The applicant states he was issued an Reentry (RE) Code of "3," which is preventing him from re-entering the U.S. Air Force Reserve (USAFR). He has provided medical opinions to show he does not have high blood pressure and he has a waiver from the Air Force that allows him to re-enter the USAFR, but he cannot do so with a RE Code of "3."
3. The applicant provides a copy of the denial of his request by the Florida Army National Guard (FLARNG), a copy of his USAFR DD Form 214 (Certificate of Release or Discharge from Active Duty), and copies of medical documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the USAFR when he obtained a conditional release in order to enlist in the FLARNG on 28 November 2012. He underwent a physical examination in January 2013 wherein he was disqualified for further service by reason of his diagnosed Lipid Disorder (high level of Triglycerides).
2. On 8 March 2013, he was discharged from the FLARNG under the provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 6-35a(5)(a), for failure to meet medical procurement standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, prior to initial entry training. His service was uncharacterized; he was issued an RE Code of "3."
3. On 17 October 2013, the FLARNG notified him that NGR 600-200, paragraph 6-35c(5)(a) provides that when a recruit is not medically qualified under procurement medical fitness standards for failing to meet medical procurement standards in accordance with Army Regulation 40-501, chapter 2, either an RE Code of "3" or an RE Code of "4" is issued. Accordingly, his request to change his RE Code was denied and he was advised to apply to the Board.
4. Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes based on their service records and/or the reason for their discharge. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers the eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and Reserve components. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE codes.
5. An RE Code of "3" applies to persons not currently qualified for continued Army service; however, the disqualification may be later waived upon reentry. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office. An RE Code of "4" is non-waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicants separation was accomplished in accordance with applicable regulations with no indication of any violations of his rights.
2. The applicant was separated under the provisions of NGR 600-200 for failing to meet the medical procurement standards of Army Regulation 40-501. He was properly assigned an RE Code of "3" in accordance with applicable regulations.
3. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE Code or that an error or injustice occurred in this case. He is not precluded from applying for a waiver of his RE code at a nearby recruiting office if he is otherwise qualified and the needs of the Army at the time justify his return to service; however, there is no basis to change his RE Code at this time.
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) AR20140003321
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ABCMR Record of Proceedings (cont) AR20140003321
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