MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 November 2001                   
	DOCKET NUMBER:   AR2001059857

	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	
	Mrs Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Curtis L. Greenway		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:  Correction of appropriate military records to show a reentry eligibility (RE) code, which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.

APPLICANT STATES:  In effect, that he injured his leg playing basketball in 1995, and as a result of that injury a bone was knocked out of place in his hip.  
Pins were inserted in the hip to hold it in place while it healed.  The pins were to be removed a year later.  He was advised by the doctors to wait another year before removing the pins, to make sure that his hip was totally healed.  Because the pins were not removed and had been in placed for two years, the bone had started to grow around the pins and could not be remove without breaking the bone.  He was informed by his doctor that leaving the pins in would not harm him and that his activities would not be limited.  In 1999, he was recruited for the Army at the time of signing he informed the recruiter about the pins in his hip.  The recruiter told him not to say anything about it.  He left in August 2000, for Fort Benning, Georgia.  He was there only a few days, before he informed the officer about the pins in his hip.  He was then told that because he had pins in his hip he could not stay.  He was sent to the doctor for x-rays and released from the Army within one week.  The applicant submits a copy of his Certificate of Release or Discharge from Active Duty, DD Form 214, in support of his application.

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

He enlisted in the Regular Army on 3 August 2000, for a period of 3 years.

His DD Form 214, shows that on 7 September 2000, he was discharged under the provisions of Army Regulation 635-200, Paragraph 5-11, for failure to meet procurement medical fitness standards.  He completed 1 month and 5 days of creditable active service.  His service was uncharacterized.

The applicant’s discharge proceedings and his medical file are missing from the records available to the Board.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-11 sets the policy and prescribes procedures
for separating members 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. 
Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 

6 months of the soldier’s initial entrance of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time and does not disqualify him or her for retention.  Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in entry-level status.  (For Regular Army soldiers, entry-level status is the first 180 days of continuous active duty).

Pertinent Army regulations provide 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.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210  (Regular Army and Army Reserve Enlistment Program).  Therefore, since enlistment criteria does change, and since the applicant has the right to apply for a waiver, it is suggested that he periodically visit his local recruiting station to determine if he should apply for a waiver.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant’s administrative separation was accomplished in compliance with regulations applicable at the time.  The narrative reason for separation was appropriate given the circumstances of his separation; therefore, the assigned reentry code of 3 was and still is appropriate.  The applicant was disqualified from reenlistment, but the disqualification is waivable.

3.  Since enlistment criteria does change, and since an individual has the right to apply for a waiver, the applicant should periodically visit his local recruiting station to determine if he should apply for a waiver.  

4.  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

__wtm___  __aao___  __clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059857	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.