IN THE CASE OF: GREEN. DAVID N.
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003514
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his reentry eligibility (RE) code as 1.
2. The applicant states:
* he is medically fit for duty, but the code says otherwise
* he wants to enlist in the Armed Forces
3. The applicant provides:
* letter from his doctor, dated 7 November 2012
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 4 September 2012 for a period of 3 years and 16 weeks.
2. A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 18 September 2012, shows he was diagnosed as having urolithiasis (a condition where urinary stones are formed or located in the urinary system) which existed prior to service based on his history of a kidney stone diagnosis. The EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined his condition existed prior to service. The EPSBD recommended the applicant's separation from the Army for failure to meet medical procurement standards. On 9 October 2012, he concurred with the proceedings and requested discharge from the U.S. Army without delay.
3. On 16 October 2012, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, due to failed medical/physical/procurement standards. He completed 1 month and 13 days of total active service.
4. His DD Form 214 shows in:
* item 25 (Separation Authority) Army Regulation 635-200, paragraph
5-11
* item 26 (Separation Code) JFW
* item 27 (Reentry Code) 3
* item 28 (Narrative Reason for Separation) failed medical/physical/
procurement standards
5. He provided a letter from his doctor, dated 7 November 2012, who states:
* the applicant recently had a kidney stone
* his condition would not contraindicate any participation in vigorous activity and would not be aggravated by any such activity
* he is medically cleared to pursue his military application
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-11 states 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 entrance on active duty, active duty training, or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by the appropriate medical authority within 6 months of the Soldiers initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry in the military service had it been detected at that time, and that 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. The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier is in an entry-level status.
7. Army Regulation 635-200 states individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes.
a. RE code 1 applies to persons completing an initial term of active service who were fully qualified when last separated.
b. RE code 3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD code JFW applies to Soldiers discharged by reason of failed medical/physical/procurement standards.
10. The SPD/RE Code Cross Reference Table, dated 15 June 2006, shows Soldiers assigned an SPD code of JFW will be assigned an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the evidence of record confirms his RE code was assigned based on his discharge under the provisions of Army Regulation 635-200, paragraph 5-11. The RE code associated with this type of discharge is 3.
2. His RE code was administratively correct and in conformance with applicable regulations at the time of his discharge. Therefore, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation; however, it does allow for a waiver of disqualification. Therefore, if he desires to reenter military service, he should contact a local recruiter who can best 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 may process 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 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) AR20140003514
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