IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140020170 


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 was evaluated by an orthopedic surgeon who found his shoulder was not damaged
* the original diagnosis from the Army stated he had a torn rotator cuff
* the civilian doctor found it to be tendonitis (inflammation of a tendon)

3.  The applicant provides:
 
* Orthopedic and Fracture Specialists, Portland, OR, medical chart document, dated 14 December 2012
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 June 2012.

2.  A DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 11 July 2012, shows he was diagnosed as having chronic right shoulder pain which existed prior to service based on a right shoulder injury while playing baseball in 2009.  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 his separation from the Army for failure to meet medical procurement standards.  On 6 August 2012, he concurred with the board proceedings and requested discharge from the U.S. Army without delay.

3.  On 14 August 2012, he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, by reason of failure to meet medical/physical procurement standards.  He completed 2 months and 11 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 medical chart document from Orthopedic and Fracture Specialists, Portland, OR, dated 14 December 2012, which shows the applicant was seen for right shoulder discomfort on 26 September 2012.

	a.  His history states he was a baseball pitcher in college and he started to feel some slight discomfort in his shoulder during a pitch.  He rested and went to physical therapy for a period of time.  He then got better, but then sustained an unspecified grade acromioclavicular joint sprain (acromioclavicular joint injuries are commonly classified using the six-grade system).  After this injury was rehabilitated, he stopped playing college baseball.

	b.  His history further states he then joined the Army.  On the last week of basic training, his right shoulder gave way during a push-up.  He was diagnosed with a rotator cuff tear and a labrum (shoulder tissue) tear.  He went for a second medical opinion and was diagnosed with a pinched nerve in his neck.

	c.  His magnetic resonance imaging from 2009 was evaluated and demonstrates some low-grade rotator cuff tendinosis (chronic degeneration of a tendon without inflammation) and also an irregularity in the posterior labrum, possibly consistent with a tear.

	d.  The medical impression was a low-grade posterior instability with focal capsular contracture.

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 Soldier’s 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 their term of active Service who is considered qualified to reenter the U.S. Army.

	b.  RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation but the 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, in 2012 an EPSBD found him medically unfit for enlistment in accordance with current medical fitness standards and determined that his right shoulder condition existed prior to his entry into military service.  He concurred with these findings and requested to be discharged from the Army without delay.

2.  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.

3.  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.

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)                                         AR20140020170



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ABCMR Record of Proceedings (cont)                                         AR20140020170



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