BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150002200 


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 amend his reentry eligibility (RE) code.

2.  The applicant states:

* he cannot reenter the Army with an RE code of 3
* he was released from the Army for not being medication-free for seizures for a 5-year period
* he has been medication and seizure-free for 5 years
* he has the proper documentation stating he is in good physical and mental health

3.  The applicant provides:

* letter from the National Personnel Records Center
* DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB) – Basic Enrollment)
* DD Form 369 (Police Record Check)
* DD Form 93 (Record of Emergency Data)
* Servicemembers' Group Life Insurance Election and Certificate
* 305th Military Intelligence Battalion, 111th Military Intelligence Brigade, U.S. Army Intelligence Center and Fort Huachuca, memorandum
* DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings)
* U.S. Army Intelligence Center of Excellence, Fort Huachuca, 
Orders 270-0103
* Enlisted Record Brief
* DD Form 214

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 Regular Army on 26 May 2010.

3.  On 9 September 2010 while still in initial entry training, he sought treatment at the student health clinic for complaints of a common cold.  During his appointment he related to the healthcare provider that he had epilepsy and was told by Army recruiters not to mention it.

4.  A DA Form 4707, dated 14 September 2010, shows an EPSBD found him unfit for induction under the provisions of Army Regulation 40-501 (Standards of Medical Fitness) and did not meet retention standards.  In accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, this condition was identified within 6 months of entering active duty.  The EPSBD determined he did not meet medical fitness standards unless he had been free of seizures for a period of 5 years while taking no medication for seizure control and had a normal electroencephalogram.  On 20 September 2010, he acknowledged he had been informed of the medical findings.  He concurred with the proceedings and requested to be discharged from the U.S. Army without delay.

5.  On 30 September 2010, he was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b, for disability, existed prior to service, physical evaluation board (PEB).  He completed 4 months, and 5 days of creditable active service.  He was assigned a separation program designator (SPD) code of JFM and an RE code of 3.  His service was uncharacterized due to his entry-level status at the time of discharge.

6.  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.

7.  Army Regulation 635-5-1 (SPD Codes) provides the specific reasons for separating Soldiers from active duty and the associated SPD codes to be entered on the DD Form 214.  SPD code JFM is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-40, chapter 4, due to disability, existed prior to service, PEB.  The SPD/RE Code Cross-Reference Table stipulates that RE code 3 will be assigned to members separated under these provisions with an SPD code of JFM.

8.  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 Army National Guard.  Table 3-1 (U.S. Army Reentry Eligibility Codes) provides a list of RE codes:

	a.  RE code 1 applies to Soldiers completing their terms 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 code 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 for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to amend his RE code was carefully considered.

2.  An EPSBD found the applicant was unfit for induction and did not meet medical retention standards due to his history of epilepsy.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

3.  The RE code 3 establishing his enlistment/reenlistment ineligibility without a waiver was correctly entered on his DD Form 214 in accordance with governing regulations.
4.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code 3.  The applicant's desire to continue in the service to his country is noted; however, there are no provisions authorizing the change of an RE code for this purpose.

5.  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 to contact a local recruiter should he desire to reenter military service.  A local recruiter can best advise him on his eligibility for returning to military service, the current needs of the Army, and may process any required enlistment waiver for the applicant's RE code 3 if otherwise eligible.

6.  In view of the above, there is no basis for granting 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 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)                                         AR20150002200



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ABCMR Record of Proceedings (cont)                                         AR20150002200



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