MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 August 2000                   
	DOCKET NUMBER:   AR19990333864

	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. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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:  The 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 was misdiagnosed with Raynaud’s Disease.  He includes with his application letters stating that he does not show any symptoms of Raynaud’s disease.  He also submits a copy of a letter from the Veterans Affairs regarding the discontinuance of his disability payments. 

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

On 23 April 1992, the applicant enlisted in the Regular Army for a period of 
4 years.  He completed the required training and was awarded military occupational specialty (MOS) 11B (Infantryman).

On 21 June 1996, the applicant appeared before a Medical Evaluation Board (MEB).  He was diagnosed as having Raynaud Syndrome (vasospastic response to cold) and Acromioclavicular (impingement of the right shoulder). The MEB referred the applicant to a Physical Evaluation Board (PEB).  The applicant concurred with the MEB findings and recommendations.  However, the PEB proceedings are missing from his records. 

On 8 September 1996, the applicant was honorably discharged in pay grade 
E-5 under the provisions of Army Regulation 635-40, physical disability with severance pay.  He completed 4 years, 4 months and 16 days of creditable active service.  He was assigned reentry code of RE-3.

Army Regulations 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purpose of his employment on active duty.  “Physically unfit” is synonymous with “unfit because of physical disability.”

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.

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 person not qualified for continued Army service, but the disqualification is waivable.  Certain persons who have lost time, local bars to reenlistment and those discharged under the provisions of chapter 9, 10. 11. 13 and 14 of Army Regulation 635-200 are assigned a RE-3.

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 of Army Regulation 601-210 (RA and Army Reserve Enlistment Program).  Therefore, since enlistment criteria does change, and since you have the right to apply for a waiver, it is suggested that you periodically visit your local recruiting station to determine if you 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 was found physically unfit in accordance with Army Regulation
635-40 and was separated under the provisions of Title10, United States Code, section1203, disability separation with severance pay.  

3.  The applicant was discharged and assigned a reentry code in accordance with the regulation then in effect.  There is no basis for removal of the RE code from the applicant’s record.  The disqualification upon which the code was based, however, can be waived for reenlistment purposes.

4.  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 provision of chapter 4 of Army Regulation
601-210 (RA and Army reserve Enlistment Program).

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

__ew____  __mvt___  __lwl___  DENY APPLICATION

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

INDEX

CASE ID	AR1999033864	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0300	
2.		
3.		
4.		
5.		
6.