| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: Correction of appropriate military records to show a reentry (RE) code which would allow reenlistment. In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
APPLICANT STATES: That his RE code of 4 bars his reentry. He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.
EVIDENCE OF RECORD: The applicant’s military records show:
He enlisted in the Regular Army on 20 January 1988. He completed basic training and advanced individual training and was awarded military occupational specialty 63B (Wheel Vehicle Repairer).
On 28 October 1991, a formal Physical Evaluation Board (PEB) found the applicant unfit for duty due to degenerative arthritis and chondromalacia of both knees (left with extension limited to 20 degrees post arthroscopic surgery and right with osteochondritis dissecans). His impairments were of such a nature that evaluation of a permanent degree of severity was not possible at that time, it was recommended that he be placed on the Temporary Disability Retired List (TDRL). On 26 November 1991, he was released from assignment and on 27 November 1991 he was placed on the TDRL. He was given a separation code (SPD) of SFK and an RE code of 4.
On 21 July 1994, a TDRL reevaluation determined that the applicant was unfit for duty due to leg limitation of extension limited to 15 degrees left leg with severe tri-compartment degenerative arthritic changes and right knee tri-compartment palpable osteophytes, rated as degenerative arthritis. His current condition was considered sufficiently stable for final adjudication and it was recommended he be permanently retired with a 30 percent disability rating. It is unknown when he was removed from the TDRL and permanently retired. The documents removing him from the TDRL were forwarded to him by letter dated 10 November 1994.
Army Regulation 635-5, SPD/RE Cross Reference Table states that when the SPD is SFK then RE code 4 will be given.
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 U.S. 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-4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
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. In view of the fact that the applicant was permanently retired by reason of physical disability, the assigned reentry code of 4 and the related nonwaivable disqualification for enlistment was and still is appropriate.
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
__rjw___ __kwl___ __pm____ DENY APPLICATION
| CASE ID | AR2001059478 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010920 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001057440C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his reentry (RE) code of “4” on his 21 August 1992 DD Form 214 be changed to a “2” or a “3.” The applicant received an Honorable Discharge Certificate dated 2 August 1993.
ARMY | BCMR | CY2008 | 20080001291
IN THE CASE OF: BOARD DATE: 12 August 2008 DOCKET NUMBER: AR20080001291 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. As a result, the applicant was released from active duty on 19 May 1999 under the provisions of Army Regulation 635-40, paragraph 4-24b(2) for physical disability - temporary and placed...
ARMY | BCMR | CY2002 | 2002074842C070403
APPLICANT REQUESTS: In effect, the applicant requests that his reentry (RE) code and his separation (SPD) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected so that he can reenlist in the Army. 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. Nevertheless, the applicant was separated from active duty in July 1992...
AF | PDBR | CY2011 | PD2011-00513
In TDRL cases, the Board must also adhere to the DES standard that only those conditions which were present and unfitting at the time of temporary retirement may be considered for compensation and rating at the time of permanent separation or retirement. Left Knee Condition. The VA reviewed both of these examinations as well as its own C&P examination and determined an overall 30% rating.
AF | PDBR | CY2011 | PD2011-00443
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation: VASRD CODE RATING 5003-5259 COMBINED 10% 10% UNFITTING CONDITION Right Knee Degenerative Arthritis The following documentary evidence was considered: Exhibit A. DD Form 294, dated 20110523, w/atchs Exhibit B. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record XXXXXXXXXXXXXXXXX, DAF Director Physical...
ARMY | BCMR | CY2004 | 20040009006C070208
The applicant requests that his RE (Reentry code) 4 on his 1991 separation document be corrected to an RE code which would permit him to reenlist. His separation document indicates that the applicant received an “RE-4” when he was discharged in 1991 and his separation code was recorded as “SFK.” 4. Pertinent Army regulations also 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.
AF | PDBR | CY2013 | PD 2013 01133
The PEB recommended placement on TDRL since additional surgery had been recommended for the knee condition indicating the condition was not stabilized for rating.At an interim TDRL evaluation in October 2005, the CI had not been able to obtain the recommended surgeries. Examination during the surgery indicated no ligament laxity or instability and the remainder of the joint was normal as at the time of the 2003 arthroscopic surgery. RECOMMENDATION : The Board, therefore, recommends that...
ARMY | BCMR | CY2012 | 20120020718
Orders Number D032-32, dated 25 January 2010, issued by the USAPDA, removed the applicant from the TDRL and permanently retired her due to physical disability with a 50% disability rating. Army Regulation 601-210 further states that individuals who have been permanently retired by reason of physical disability may not receive a waiver to reenlist. She provides insufficient evidence to show she was not medically unfit for retention at the time she was placed on the TDRL or at the time she...
ARMY | BCMR | CY2011 | 20120000756
The applicant requests change of his separation code and reentry eligibility (RE) code with the intention of returning to military service. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD code of "SFK" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b(2), for temporary disability. There is no available evidence showing whether or not he is still on the TDRL, or has been removed and permanently separated for...
ARMY | BCMR | CY2004 | 2004106200C070208
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. However, by regulation, the RE-4 code assigned the applicant was the proper code to assign members separating under the provisions of Army Regulation 635-40, by reason of physical disability. As a result, the Board further determined that there is no evidence provided which shows that it would be in the...