MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 AUGUST 2003                  
	DOCKET NUMBER:   AR2002081390

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		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:  In effect, that the Physical Evaluation Board (PEB) has determined that he was physically fit, therefore his reentry code should be recalculated. 

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

He initially enlisted in the United States Army Reserve and on 27 May 1988, he enlisted in the Regular Army and entered active duty. 

In April 1993 a Physical Evaluation Board (PEB) determined that radial nerve injury to his left forearm and hand, left hip pain, head fracture, and chronic low back 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 (TRDL) with subsequent reexamination.

On 13 May 1993 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 1994, following reexamination of the applicant’s condition, a PEB concluded that the applicant had made an excellent recovery from his left upper and lower extremity injuries permitting final determination concerning his fitness for duty.  The PEB concluded that the applicant was fit for military duty, and recommended his return to duty.  

Effective 22 April 1994 the applicant’s name was removed from TDRL, and he was found fit for duty.  

On 20 June 1994, the applicant was given the opportunity to reenlist within       90 days following his removal from the TDRL in the component and grade in which he was serving prior to placement on the list.  At that time the applicant elected to reenlist in the Regular Army, however there is no indication he ever did so.   

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.  The applicant was separated from active duty because of a disability and as such, 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 the applicant was found fit for duty, but did not reenlist, does not change the applicant's original reason for his 1993 separation from active duty and does not serve as a basis to change his correctly assigned RE code.

2.  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.  

3.  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

__LLS  __  __CLG__  __RJW __  DENY APPLICATION

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

INDEX

CASE ID	AR2002081390	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003.08.13	
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.