BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150000692 


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 (RE) code as "1" vice "3." 

2.  The applicant states he would like a waiver to reenter service and correction of his RE code from "3" to "1."  He believes his records are in error and unjust based on the reason for his discharge.  He received a discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, EPTS [existed prior to service], by reason of palpitations.  He had records proving he was never diagnosed with a heart problem or a heart murmur that would have hindered his performance in the military.  The applicant further stated:

	a.  Eleven years ago, after joining a football team at the age of 9, he complained of having chest pains.  He was sent to a cardiologist for a thorough examination of his heart.  The cardiologist suspected supra-ventricular tachycardia (SVT) and started monitoring activity using a heart monitor.  After a month of monitoring, it was concluded that he did not have SVT and he was released.  He was never prescribed any medication and he continued to play football for another 3 years.  

	b.  He never had any chest pains again until February 2013, when he was at one station unit training in Fort Benning, Georgia.  The incident occurred during an extremely cold/wet period in February while doing strenuous training.  He found himself struggling to breathe and had to stop running to the displeasure of his drill sergeant.  His drill sergeant inquired about why he stopped running and the applicant told him he had chest pains.  His drill sergeant asked if he had previously had heart problems and not wanting to lie, he mentioned his previous experience at the age of 9.  This started the chain of events that led to his EPTS discharge.  

	c.  He is not now, nor has he ever been, diagnosed with a heart condition.  He does not have a medical condition or physical defect that would interfere with his successful performance of military duty, which would cause him lost time due to treatment, or that would result in a discharge for medical unfitness.  He did not have, nor does he currently have, a history of SVT.  Furthermore, he has never been on any medication for a heart condition of any kind.  

	d.  In accordance with Army Regulation 40-501 (Standards of Medical Fitness), "occasional asymptomatic unifocal premature ventricle contractions are not disqualifying."  

3.  The applicant provides a copy of his DD Form 214, a self-authored statement, dated 1 December 2014, and two letters/evaluation notes, issued by Sibley Heart Center Cardiology, dated 6 November 2007 and 3 September 2010.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Georgia Army National Guard on 17 January 2013.  During the process of his enlistment, he completed a DD Form 2807-1 (Report of Medical History) on 17 January 2013, a DD Form 2807-2 (Medical Prescreen of Medical History Report) on 4 January 2014, and a DD Form 2808 (Report of Medical Examination) on 17 January 2013.

	a.  His DD Form 2807-1 shows he indicated he had never had, and did not currently have a/an:

* pain or pressure in his chest
* palpitation, pounding heart, or abnormal heart beat
* heart trouble or murmur

	b.  His DD Form 2807-2 shows he indicated he had never had, and did not currently have a/an:

* irregular heartbeat, including abnormally rapid or slow heart rates 
* heart murmur, valve problem or mitral valve prolapse 
* any other heart problems

	c.  His DD Form 2808 shows his heart (thrust, size, rhythm, sounds) was normal and he was considered qualified for military duty.

3.  He entered active duty for training (ADT) on 20 February 2013.

4.  His record does not contain a separation packet or any additional medical information related to his separation.

5.  His DD Form 214 shows he was released from ADT, discharged from the Reserve of the Army, and returned to the Army National Guard (ARNG) on 7 May 2015.  

* the separation authority was listed as Army Regulation 635-200, paragraph 5-11
* he was issued a separation (SPD) code of "JFW"
* he was issued an RE code of "3"
* the narrative reason for separation was listed as "Failed Medical/Physical/ Procurement Standards"

6.  He provided a letter/evaluation notes, issued by Sibley Heart Center Cardiology on 6 November 2007, and an undated weight and stature chart for boys 2 to 20 years old.  His cardiologist stated:

	a.  The applicant returned to cardiology on 2 November 2007 in follow-up for his palpitations.  When he was last seen a few months prior an event monitor was placed and captured no significant episodes of tachycardia.  Of note, the applicant has been free of symptoms since removing the monitor.  He is active and very anxious to increase his level of activity and become more involved in sports.  There were no reports of syncope, presyncope, palpitations, or chest pain.  

	b.  The diagnosis was listed as "palpitations, resolved."  His cardiologist stated the applicant was doing so well with the resolution of his symptoms he saw no reason for a return visit and there was no reason to restrict his activity.  However, his doctor did state he suspected the applicant's episodes had been sinus in nature, and he could have had intermittent episodes of SVT that were currently quiet and rare.  

7.  He provided a letter/ evaluation notes, issued by Sibley Heart Center Cardiology on 3 September 2010.  This records states he was a 17 year-old young man the clinic had followed in the past secondary to complaints of palpitations.  The applicant had never been found to have significant arrhythmia. His last visit to the clinic was 3 years prior and, at that time his palpitations had resolved.  The applicant's cardiovascular and general physical examination were unremarkable, he demonstrated normal sinus rhythm, and his electrocardiogram was normal.  His palpitations had resolved and he did not present with any significant arrhythmia at that time.  His doctor gave him clearance to play football.

8.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.
 
   a.  Paragraph 5-11 (Separation of personnel who did not meet procurement medical fitness standards) 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 entry on active duty (AD) or ADT for initial entry training, may be separated.  Such conditions must be discovered during the first 6 months of AD.  
   
   b.  Such findings will result in an Entrance Physical Standards Board.  This board, which must be convened within the Soldier’s first 6 months of AD, takes the place of the notification procedure required for separation under this chapter. The medical proceedings, regardless of the date completed, must establish that a medical condition was identified by an appropriate military medical authority, within 6 months of the Soldier’s initial entrance on AD for Regular Army or during ADT for initial entry training for ARNG, which would have permanently or temporarily disqualified the Soldier for entry into the military service or entry on AD/ADT for initial entry training had it been detected at that time, and does not disqualify the Soldier for retention in the military service per Army Regulation  40–501, chapter 3.  
   
   c.  A Soldier who is found after entry on active duty not to have been qualified under procurement medical fitness standards at the time of enlistment may request to be retained on active duty subject to the conditions listed below.  No Soldier has a right to be retained under this paragraph.  Soldiers not retained will be processed for separation.  Soldiers will not be retained under this paragraph unless the separation authority determines, after considering the proceedings of an Entrance Physical Standards Board, that the Soldier’s disqualifying condition will not prevent the Soldier from performing satisfactorily throughout his/her period of enlistment in the MOS for which he/she is being trained or in another MOS based on the Soldier’s medical condition; and the Soldier, after being counseled and given the opportunity to obtain legal advice, signs a statement requesting to complete the period of service for which enlisted.

9.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code "JFW" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of Failed Medical/Physical/Procurement Standards.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated under these provisions with an SPD code of "JFW."

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior Service, into the Regular Army, the Army Reserve, and the ARNG.  Table 3-1 includes a list of the U.S. Army 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. 

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his RE code was carefully considered.

2.  The available evidence shows he was treated/seen in 2007 and 2010, for heart palpitations that occurred when he was 9 years old, and he did not mention this episode or treatments at the time of his enlistment.  

3.  He stated that, though he had not had any chest pains since 2007, he did experience another episode during an extremely cold/wet period in February 2013 while doing strenuous training.  He found himself struggling to breathe and had to stop running.  His drill sergeant asked if he had previously had heart problems.  He mentioned his previous experience at the age of 9 and this started the chain of events that led to his EPTS discharge.

4.  There was no available evidence to indicate whether or not an Entrance Physical Standards Board was conducted.  However, lacking evidence or statements to the contrary, administrative regularity on the part of the Army should be presumed in that, though the documents were not available to the ABCMR, the Entrance Physical Standards Board was likely conducted on an unknown date and determined that the applicant had an EPTS condition that rendered him unfit for military duty.  Therefore, it is presumed the applicant was properly discharged in accordance with Army regulations.

5.  The evidence of record shows the proper RE code for Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-11 (Failed Medical/Physical/Procurement Standards) is "3."  As such, the RE code is correct and there is insufficient evidence to justify changing this code.

6.  However, an RE code of "3" does not preclude the applicant from enlisting.  It means that he can only enlist with an enlistment waiver acquired by a recruiter.  It is possible that the applicant could reenlist if he were able to provide sufficient medical evidence to satisfy the requirements for a medical/enlistment waiver.  

7.  Based on the foregoing, there is insufficient evidence to grant the 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 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)                                         AR20150000692





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ABCMR Record of Proceedings (cont)                                         AR20150000692



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