BOARD DATE:	  8 September 2010

		DOCKET NUMBER:  AR20100009477 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his REENTRY (RE) Code be changed from a “3” to a “1.”

2.  The applicant states the circumstances surrounding his discharge involves a challenge that he had with his shoulder during basic training.  At the time he believed getting out of the military was his best option, however, now, he believes he was wrong.  He also states he has taken time to rehabilitate his shoulder to ensure that it will not be a challenge in the future and he desires to reenter the Army.

3.  The applicant provides:

* A third party letter of recommendation from a lieutenant general
* A third party letter from a clinic director
* A hand-written note from a physician

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 January 2008 for a period of 3 years and 17 weeks, training as an armor crewman and a seasonal enlistment bonus.  He was transferred to Fort Knox, Kentucky to undergo one-station unit training.


2.  On 20 March 2008, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11 due to failed medical/physical procurement standards with uncharacterized service.  He had served 2 months and 4 days of total active service.  He was issued a separation code of “JFW” and a RE code of “3.”

3.  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 processing into the Regular Army and the USAR.  Chapter 3 of this regulation prescribes the basic eligibility for prior service applicants for enlistment.  This chapter includes a list of armed forces RE codes.

4.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  A waiting period of 2 years from the separation date is required before a waiver may be submitted through a local recruiting office.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant’s rights.  

2.  The applicant was separated under the provisions of Army Regulation 635-40 and properly assigned an RE code of RE-3 based on his narrative reason for separation.  

3.  There are procedures whereby the applicant can apply to a local recruiter for a waiver of his RE code if he is in fact physically qualified and the needs of the Army at the time justify his return to service.












BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____x_  __x_____  _____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100009477



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR2