MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 January 2003                   
	DOCKET NUMBER:   AR2002073814

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer Prater		Member	
	Ms. Mae M. Bullock		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:  He contends that he left for boot camp in January 2002.
During his first week at boot camp he participated in the run portion of his APFT. Following the run he was told by his drill sergeant to go to sick call.  He was examined and his blood pressure was taken.  His blood pressure was slightly elevated (160/100).  He was instructed to return that same day to have his blood pressure checked again and checked again the next day.  His readings were 164/86 on 29 January 2002 and 150/100 30 January 2002.  Both times his blood pressure was slightly elevated.  Upon his final examination, he was informed that he had been diagnosed with hypertension and he was being discharged under Army Regulation 635-200 chapter 5-11.  He also contends that his understanding of protocol was that his blood pressure should have been taken for a total of five days before a diagnosis is made.  At the end of the five days, if the blood pressure was still elevated further testing is to be done.  However, in his case this did not happen.  In support of his application he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), copies of his DD Form 2808 (Report of Medical Examination) dated 14 December 2001 and a copy of a letter from the Reid Health Service Center, Lackland AFB, TX, dated 
7 March 2002, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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

After having prior Reserve service the applicant enlisted in the Regular Army on 22 January 2002 for 3 years.  

The DD Form 2808, furnished by the applicant shows his blood pressure as
138/82, one year before he entered active duty.  

The applicant supplied a letter from the Reid Health Service Center, Lackland AFB, TX, dated 7 March 2002.  The letter lists his blood pressure as 154/92 and it also lists subsequent pressure measurements taken in the clinic.

The applicant's medical record and discharge proceedings are unavailable for review.

His DD Form 214 shows that on 8 March 2002, 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 17 days of creditable active service.  His service was uncharacterized and he was assigned RE code 3.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 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 the time, and the medical conditions does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for soldiers separated under this provision or regulation will normally be honorable, but will be uncharacterized if the soldier is in an 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.

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 do 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.  There is no evidence in the available records and the applicant has provided no evidence that shows irregularity in his separation.

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 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.

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

__MKP__  __JP____  _MMB___  DENY APPLICATION

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

INDEX

CASE ID	AR2002073814	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/14	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.