MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 August 2001
	DOCKET NUMBER:   AR2001057698

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his reentry code (RE) code of RE-3 be changed to a more favorable RE code.

APPLICANT STATES:  In effect, that he does not have flat feet and this medical condition did not exist prior to his entrance into the Army.  In support of his application, he submits a letter, dated 25 April 2001, pertaining to a medical evaluation of his feet and his Certificate of Release or Discharge from Active Duty (DD Form 214).

EVIDENCE OF RECORD:  The applicant's military records show:

On 15 June 2000, the applicant entered the Army for 3 years.  He completed basic combat training and was assigned to Fort Lee, Virginia for advanced individual training (AIT).  In AIT he was diagnosed as having fasciitis secondary to pes planus, which resulted in his being referred to a Medical Evaluation Board (MEB).

On 3 October 2000, the applicant submitted a request for separation and waiver of evaluation by a Physical Evaluation Board (PEB).  In this request, he requested discharge based on the findings and recommendation of an MEB, who had determined he was unfit for further military service due to a medical condition that had existed prior to service (EPTS).  He also confirmed that he had been fully informed and understood that he was entitled to consideration of his case by a PEB but he elected not to exercise that right.  On 8 November 2000, the MEB findings and recommendation was approved by the appropriate medical authority and on 9 November 2000, the applicant concurred with the findings and recommendation of the MEB.

On 22 November 2000, the separation authority approved the applicant’s request for separation and directed that he be discharged under the provisions of chapter 5, Army Regulation 635-40 by reason of EPTS disability.  In this approval, it was directed that the applicant receive an uncharacterized discharge based on his being in an entry level status (ELS).  On 30 November 2000, he was discharged accordingly and issued a DD Form 214.  This document confirms that he had completed a total of 5 months and 16 days of active military service at the time and shows that he was assigned a separation program designator (SPD) code of KFN and RE-3 code based on the authority and reason for his discharge. 

The applicant provides a letter, dated 25 April 2001, that contains the results of a clinical medical evaluation done on his feet by a civilian physician on 11 January 2001.  This letter indicates that both of the applicant’s feet were evaluated and he had no problems and experienced no pain or discomfort in his feet at that time.  

Army Regulation 635-40, chapter 5, provides for the separation of soldiers who do not meet medical fitness standards for retention and separation for conditions that EPTS and which are identified within 6 months of their entry on active duty.  A soldier is entitled to request evaluation by a PEB or separation under these provision and an uncharacterized discharge is mandated for soldiers separated under this provision of the regulation who are in an entry level status (ELS).  The regulation defines ELS as an initial probationary period of service and indicates that any individual who has served for less than 180 days at the time separation action is initiated, and is not being separated for serious misconduct, will be considered in an ELS and given an uncharacterized discharge. 

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.  The SPD code of KFN was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of Army Regulation 
635-40, chapter 5, based on a disability that EPTS.  Additionally, Table 
2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE-3 as the proper reentry code to assign to soldiers separated for this reason.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The record confirms that the applicant voluntarily requested separation based on the MEB findings and that this request was approved by the appropriate authority.  He was separated with an uncharacterized discharge based on his being in an ELS and was assigned an RE-3 code in accordance with the applicable regulations.  

2.  Further, the applicant acknowledged that his medical condition EPTS in his written concurrence with the MEB findings and in the separation request he submitted, in which he also waived his right to consideration by a PEB.  

3.  The Board does not find the civilian medical evaluation provided by the applicant supports his claim that he did not have flat fleet prior to his enlistment.  

4.  In view of the circumstances in this case, the Board concludes that the applicant was appropriately assigned a RE-3 code based on the authority and reason for his discharge. 

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___JHK__  __TL____  __PM___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001057698	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/23	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)/	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.