MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 OCTOBER 2002                   
	DOCKET NUMBER:   AR2002075170

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 Eligibility (RE) code be corrected to reflect RE-1 vice RE-4.

APPLICANT STATES:  That the Physical Evaluation Board has determined that his condition has improved and as such, he would like that his "RE-4 code be transferred back to RE-1."  He submits no evidence in support of his request.

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

He initially enlisted in the United States Army Reserve in September 1985 and on 1 September 1987 enlisted in the Regular Army and entered active duty.

In January 1989 a Physical Evaluation Board determined that persistent pain in the applicant's hip and bilateral foot pain rendered the applicant unfit for continued service.  However, the board concluded that his condition had not stabilized sufficiently and recommended his name be placed on the Temporary Disability Retired List (TDRL) with subsequent reexamination. 

On 23 March 1989 the applicant was released from active duty and the following day his name was placed on the TDRL.  His RE code was recorded as "RE-4" and his SPD (Separation Program Designator) Code was recorded as "SFK."

In March 1992, following reexamination of the applicant's condition, a PEB concluded that the applicant's chronic right hip pain had sufficiently stabilized permitting final determination concerning his fitness for duty.  The PEB concluded that his hip pain rendered him unfit for military service and recommended a 20 percent disability rating.  His bilateral foot pain, however, was ultimately determined to have existed prior to his entry on active duty and that there was no record of trauma or any other such event during his military service that could cause a worsening or permanent aggravation.  The PEB recommended the applicant be separated with entitlement to severance pay if otherwise qualified.

On 11 March 1992 the applicant's name was removed from TDRL and he was "discharged from the service…because of permanent physical disability."

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the Department of Defense Form 214 (Certificate of Release or Discharge from Active Duty).  In pertinent part, it directs that a separation report (DD Form 214) will be prepared at the conclusion of a period of active Federal service.  An individual whose name is placed on the TDRL is considered to have been released from active Federal service and as such is issued a DD Form 214. While on the TDRL individuals do not accumulated active Federal service and as such when their names are removed from the TDRL and either returned to duty, permanently retired, or discharged from the service, a new DD Form 214 is not issued as they are not in an “active” status.  

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 prescribed basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE-4 applies to individuals who were separated from their last period of service with a non-waivable disqualification.  Soldiers who were separated, discharged, or retired from their term of service because of physical disability are ineligible for reenlistment and receive an RE-4.

Army Regulation 635-5-1 states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that “SFK” is the appropriate SPD code for individuals released from active duty and their names placed on the TDRL.

A “cross-reference” chart, provided by officials from the separations branch at the U.S. Total Army Personnel Command, confirms that “RE-4” is the appropriate RE code for individuals who receive an SPD code of SFK.

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.  Contrary to the applicant's contention, the PEB did not conclude that his physical condition "improved."  Rather, the PEB concluded that his condition had stabilized sufficiently to render a permanent disability determination and the applicant's name was removed from the TDRL and he was "discharged from the service…because of permanent physical disability."  The Board notes that had the applicant been discharged in 1989 and assigned a permanent disability rating at that time, his RE code would still have been 4.

2.  The applicant was separated from active duty because of disability and as such, he was not eligible to reenlist, and received an SPD code of SFK and an RE code of 4.  The RE code was proper, based on the circumstances of his separation.  The fact that a permanent disability has now been rendered does not change the applicant's original reason for his 1989 separation from active duty and does not serve as a basis to change his correctly assigned RE code.
3.  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 that requirement.

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

__CLG  _  __RKS __  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002075170	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021031	
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.	110.00	
2.		
3.		
4.		
5.		
6.