MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           5 February 2002                  
	DOCKET NUMBER:   AR2001062759

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. Able		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 to a code which will allow him to enlist in the Regular Air Force.

APPLICANT STATES:  He is currently serving in the Air National Guard and has passed the physical examination for enlistment in the Regular Air Force.  He continues that neither the Army or Air Force will accept a request for waiver of his RE code.  They will not accept him in their regular force unless the RE-3 code is changed.

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

He enlisted in the Regular Army on 5 January 1994 with approximately 5 ½ years of prior service not on extended active duty in the Army National Guard, was awarded the military occupational specialties of cannon crewmember and material storage and handling specialist, and was promoted to pay grade E-4.

On 23 July 1996 a Medical Evaluation Board (MEB) convened and determined that the applicant was medically disqualified for retention because of flat feet, which were unresponsive to conservative therapy, and mechanical low back pain.  The MEB found that the applicant’s low back pain was not significantly interfering with his performance of duties.  However, his flat feet limited him to standing for approximately 15 minutes at a time, and precluded him from running, jumping or doing pushups.

The applicant’s records do not contain his Physical Evaluation Board (PEB).  However, he was honorably discharged on 2 October 1996 due to “disability, existed prior to service, PEB.”  His DD Form 214, Certificate of Release or Discharge from Active Duty, shows that the applicant was assigned a reentry code of RE-3.

On 28 September 2000 the applicant enlisted in the Air National Guard.  His records do not contain his physical examination for that enlistment.

Army Regulation 601-210, chapter 4, requires a waiver to enlist in the Regular Army if the individual was last separated due to physical disability, which existed prior to service.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable for future enlistment in the Armed Forces.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant has not contested the validity of his discharge from active duty, and the Board does not find any error or injustice in his discharge proceedings.

2.  Since the applicant’s reason for separation requires a waiver to enlist, he was properly assigned the RE code of RE-3.   

3.  While the applicant may believe that his current service in the Air National Guard should suffice to show that he is now capable of serving on active duty, that is an issue between him and his recruiters.  It would appear reasonable that a soldier who is discharged due to an existing prior to service disability which causes physical unfitness should require a waiver to reenlist.  The fact that the recruiters are not granting waivers for waiverable disqualifications may be unfortunate, but it is based on the needs of the service.

4.  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

__kak___  ___rwa__  ___jh____  DENY APPLICATION

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

INDEX

CASE ID	AR2001	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020205	
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.		
2.		
3.		
4.		
5.		
6.