MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           04 JUNE 2002
	DOCKET NUMBER:   AR2002070882

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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:  That his DD Form 214 be corrected to reflect a reentry (RE) code of “1” in item 27, vice the “3” entry shown.

APPLICANT STATES:  That he was discharged because of a disability that existed prior to service (EPTS) with an honorable characterization of service.  His feet condition is now corrected with “custom made arch supports,” which were provided by the Army prior to his discharge.  He has requested enlistment in the Marine Corps, but cannot enlist unless his reentry code is changed to “1.”    

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

The applicant enlisted in the Army for three years on 3 August 2000.  

A 6 August 2001 physical examination indicates that the applicant was referred to a Medical Evaluation Board (MEB) because of severe and persistent bilateral foot pain, which had been present prior to entering the military service.  He had been identified as having a foot problem on his entry physical examination; however, he was given a waiver to enlist.  He had been seen several times in training for the same complaint without resolution, and had been treated medically since his arrival at Fort Campbell, Kentucky, by the physician assistant in his unit and by podiatry, without resolution of the symptoms.  The examination indicates that the applicant underwent physical therapy as well as podiatric evaluation and treatment non-surgically, and there were no improvements in his symptoms.  It indicated that the applicant was unable to fulfill his duty in his specialty because of his discomfort in his feet and the limitations in his mobility.  He was diagnosed as having severe symptomatic pes cavus, which was medically unacceptable.  The condition existed prior to service and a foot abnormality was noted on his entrance physical examination.  Initially, he was marked as being not qualified for service, but subsequently granted a waiver to enlist.  His condition was not permanently service aggravated.  He was given a permanent profile serial of 1 1 3 1 1 1 , limiting him from running, jumping, and marching.  He was instructed not to stand for greater than 20 minutes without a 10 minute break.  On 25 October 2001 the MEB referred him to the Physical Evaluation Board (PEB).

On 14 November 2001 a PEB determined that the applicant was physically unfit because of his bilateral foot pain secondary to pes cavus.  The PEB indicated that his condition existed prior to his service (EPTS), and was not service aggravated.  It recommended that he be separated from the service without disability benefits.

The applicant was discharged on 10 January 2002 under the provisions of Army Regulation 635-40, paragraph 4-24b(4).  He had 1 year, 5 months, and 8 days of service.  His DD Form 214 shows a separation code of “JFM” and a reentry code of “3.”
A memorandum from the Marine Corps Recruiting Station in Clarksville, Tennessee indicates that the applicant would be accepted into the Marine Corps if his RE code was changed from a “3” to a “1.”  

Army Regulation 635-5, then in effect, provides instructions for the preparation of the DD Form 214, and states in pertinent part that the proper separation program designator (SPD) code will be entered as reflected in Army Regulation 635-5-1.  That regulation prescribes the specific authority, the reasons for the separation of members from active military service, and the separation program designators to be used for those stated reasons.  It explains the type of separations used to include mandatory retirement – the retirement or placement of a member on the retired list that is required by law, both permanent and temporary disability retirement.  That regulation shows that a soldier discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(4), because of a disability that existed prior to service will have a SPD code of “JFM” entered on his                 DD Form 214.   

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.

That regulation identifies the reentry eligibility (RE) codes.  Those codes are used for administrative purposes only and used for identification of an enlistment processing procedure.  The code RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

That regulation also states in pertinent part that prior service personnel will be advised that RE codes may be changed only if they are determined to be administratively incorrect.  Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized.  Recruiting personnel are authorized to process requests for 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.  The applicant was found to be physically unfit for further military service by a PEB and he was discharged accordingly.  His discharge for his EPTS condition was correct.  The entries on his DD Form 214, the separation code of “JFM” and the reentry code of “3,” are administratively correct.  Notwithstanding his contentions that his bilateral foot condition has been corrected, the applicant’s condition at the time of his discharge warranted a reentry code of “3.”  His        DD Form 214 is correct.  The fact that he wants to enter the Marine Corps is not a good reason to change his reentry code.  He has submitted neither probative evidence nor a convincing argument in support of his request.     

2.  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 that requirement.

3.  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

__JLP___  __AAO __  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069078	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020604	
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.	110.00	
2.	4	
3.		
4.		
5.		
6.