MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          11 September 2003
		DOCKET NUMBER:  AR2003083776

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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 reentry (RE) code be changed from RE-3 to RE-1.

APPLICANT STATES:  That he was discharged under false conditions set by the Army doctor.  He adds that he wants to return to the military.  In support of his application, he provides a copy of a document, dated 11 September 2001, from the Orthopaedic Surgery Clinic, Naval Medical Center - Portsmouth, Portsmouth, New Hampshire, diagnosing him with subjective lower back pain.

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

On 14 July 1999, he underwent an entrance physical examination for enlistment in the US Navy.  He was rejected due to a musculoskeletal abnormality (lordosis, or swayback).  On 25 April 2001, he enlisted in the Regular Army for 6 years.  

The applicant underwent initial entry training at Fort Benning, Georgia.  He was then transferred to Fort Eustis, Virginia, for training in military occupational specialty (MOS) 68Y (Armament/ Electrical/Avionics System Repairer - AH64 Apache Helicopter).

The applicant's records do not contain documentation outlining his release from active duty.  However, his records do contain a properly completed and signed DD Form 214 (Certificate of Release or Discharge From Active Duty) which indicates that he was separated on 22 March 2002 under the provisions of chapter 5, Army Regulation (AR) 635-40, by reason of "Disability - Existed Prior to Service [EPTS] - Medical Board."  His RE code is RE-3.

AR 635-40, Physical Evaluation for Retention, Retirement, or Separation, establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a soldier is found unfit because of physical disability, this regulation provides for disposition of the soldier according to applicable laws and regulations.  Chapter 5 provides for separation of an enlisted soldier for non-service aggravated EPTS conditions when soldier requests waiver by a Physical Evaluation Board.

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 Army.  Chapter 3 prescribes basic eligibility for prior service applicants for enlistment, and includes a list of armed forces RE codes.  RE-3 applies to individuals who are ineligible to reenter the Army, but the disqualification is waivable.

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 had an EPTS medical condition, lordosis, which disqualified him for enlistment in the US Navy in 1999.  In 2001, he enlisted in the Regular Army for 6 years and training in MOS 68Y.

2.  The applicant's pre-existing medical condition became a problem and he was separated under the provisions of AR 635-40 and assigned an RE code of RE-3. Although his separation packet is not contained in the records, the Board presumes regularity in the discharge process.  The Board notes that RE-3 is the correct RE code for the applicant's narrative reason for separation.

3.  The applicant is advised that although the Board has determined that his 
RE-3 code was properly assigned, this does not mean that he is totally disqualified from reenlistment.  The disqualification upon which the RE-3 code assignment was based may be waived for reenlistment.  The applicant is advised that if he desires to reenlist, he should contact a local recruiter who can best advise him on his eligibility for reenlistment.  Those individuals can best advise a former service member as to the needs of the service at the time and may process reenlistment waivers for RE codes.

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

__SK____  __CJP___  __JTM___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083776	
SUFFIX		
RECON		
DATE BOARDED	20030911	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.