BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000639 


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 from 
RE-3 to RE-1.

2.  The applicant states he was discharged for stating he had a heart murmur.  He received this information from a family member.  When he reviewed his medical history, there was no documentation of a heart murmur. 

3.  The applicant provides copies of his pediatric medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) on 10 December 2012.  He entered active duty for training (ADT) on 27 March 2013 and he was assigned to Fort Leonard Wood, MO, for training.

2.  His records contain a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) which shows he was diagnosed with a history of heart murmur with electrocardiogram abnormalities. 

3.  His DA Form 4707 also shows that after careful consideration of his medical records, laboratory findings, and medical examination, the board recommended his separation from the U.S. Army for failing to meet medical procurement standards of Army Regulation 635-200 (Active Duty Administrative Separations), paragraph 5-11 (Separation of Personnel Who Did Not Meet Procurement Medical Fitness Standards), and Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-18a.

4.  On 13 April 2013, the medical approving authority approved the findings of the EPSBD.

5.  On 18 April 2013, the applicant indicated he understood that legal advice of an attorney employed by the Army was available to him or he could consult with civilian counsel at his own expense.  He could request to be discharged without delay or request to be retained and involuntarily reclassified into another military occupational specialty based on his medical condition.  He indicated that he concurred with the EPSBD proceedings and requested to be discharged from the U.S. Army without delay.

6.  Orders 120-1317, issued by Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, dated 30 April 2013, released him from ADT, discharged him from the Reserve of the Army, and returned him to the control of the ARNG effective 1 May 2013.

7.  On 1 May 2013, he was released from active duty after completing 1 month and 5 days of net active service during this period.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* item 24 (Character of Service), his service was uncharacterized
* item 25 (Separation Authority), he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11 
* item 26 (Separation Code), the entry JFW
* item 27 (Reentry Code), the entry RE-3
* item 28 (Narrative Reason for Separation), he was discharged for failing to meet medical/physical/procurement standards

8.  He provided a copy of his pediatric medical records in support of his claim that shows he does not have a medical history of having a heart murmur.

9.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that 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 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 the 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, chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized (entry-level status) if the Soldier has not completed more than 180 days of creditable continuous active duty service prior to the initiation of separation action.

10.  Army Regulation 635-200 states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge.  

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and ARNG.  Table 3-1 provides a list of RE codes.

	a.  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.

	b.  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.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which 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.

13.  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 SPD code JFW has a corresponding RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his RE code was carefully considered; however, there is insufficient evidence to support his request.

2.  His records contain a copy of his EPSBD Proceedings.  This document shows he reported a history of heart murmur.  The board concluded that he failed to meet medical procurement standards of Army Regulation 635-200, paragraph 
5-11, and Army Regulation 40-501, paragraph 2-18a.  He concurred with the EPSBD Proceedings and requested to be discharged from the U.S. Army without delay. 

3.  His RE code was assigned based on the fact that 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.

4.  His separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights. 
The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the 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 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)                                         AR20150000639





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ABCMR Record of Proceedings (cont)                                         AR20150000639



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