BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140011855 


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 reentry eligibility (RE) code on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE-3 
to a more favorable code so that he may reenter the military.

2.  The applicant states, in effect:

*	he was not given an opportunity to recover from an injury that occurred at 
the obstacle course
*	he also had domestic issues at home that put him in a bad mental state 
which discouraged him from being a better Soldier
*	he has a strong desire to serve his country and he is ready; he should not 
be penalized for thinking he was not ready at the time 
*	he is currently in great mental and physical health
*	he needs to prove to everyone that he is strong as he makes himself 
seem, and he also does not want the failure on his personnel records 

3.  The applicant does not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army for 4 years on 
3 April 2013.  He was assigned to the 2nd Battalion, 39th Infantry Regiment, Fort 
Jackson, SC for training. 

2.  His records contain a DA Form 4707 (Entrance Physical Standards Board 
(EPSBD) Proceedings), dated 2 May 2013, that shows he was seen for left knee 
pain and swelling that prevented him from completing rigorous basic training 
standards.  A medical evaluation determined his pain was directly associated 
with prior service Osgood Schlatter's disease.  

3.  His DA Form 4707 also shows after careful consideration of his medical 
records, laboratory findings, and medical examination, the board found the 
applicant was medically unfit for enlistment in accordance with current medical 
fitness standards and in the opinion of the evaluating physician, the conditions 
existed prior to service.  He was recommended for separation. 

4.  On 2 May 2013, the medical approving authority approved the findings of the 
EPSBD and recommended that the applicant be separated from the service 
under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel 
Separations-Active Duty Enlisted Administrative Separations). 

5.  On 7 May 2013, after having been informed of the medical findings and his 
rights, the applicant concurred with the proceedings and requested a discharge 
from the Army without delay.  His unit commander recommended approval. 

6.  On 11 May 2013, the separation authority approved the applicant's discharge 
from the Army.  Accordingly, the applicant was discharged from active duty on 
23 May 2013.  

7.  The DD Form 214 he was issued shows his character of service was "entry 
level status" (uncharacterized) under the provisions of paragraph 5-11 of Army 
Regulation 635-200, by reason of failure to meet medical/physical procurement 
standards.  It also shows he completed a total of 1 month and 21 days of 
creditable service.  Item 26 (Separation Code) of this form shows the entry "JFW" 
and item 27 (RE Code) shows the entry "3."

8.  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 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.  

9.  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

10.  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.

11.  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 his discharge shows 
the SPD code of JFW with a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows the applicant suffered from a disqualifying 
medical condition that existed prior to his service.  According to accepted medical 
principles, the manifestation of a chronic disease from date of entry on active 
military service (or so close to that date of entry that the disease could not have 
started in so short a period) is accepted as proof that the disease existed prior to 
entrance into active military service.  Consequently, his records were evaluated 
by an EPSBD.  He concurred and requested immediate discharge.  All 
requirements of law and regulation were met and the rights of the applicant were 
fully protected throughout the separation process.  

3.  His RE code was assigned based on the fact he was separated under the 
provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to 
meet procurement medical fitness standards.  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 he received the appropriate 
RE code associated with his 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 he desires to reenter military service, 
he should contact a local recruiter who can best advise his 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 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)                                         AR20140011855


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ABCMR Record of Proceedings (cont)                                         AR20140011855


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