| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. William D. Powers | Member | |
| Mr. Frank C. Jones | Member |
APPLICANT REQUESTS: That item 26 (Separation Code) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed. He also requests, in effect, that his reentry (RE) code be changed to allow him to join the U.S. Army Reserve (USAR).
APPLICANT STATES: In effect, that with separation code "JFL" he cannot enlist into the Reserve Component. In support of his application, he submits a copy of his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 24 March 1994 for a period of 4 years. He served as a mobile subscriber equipment transmission system operator and was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), by reason of disability with severance pay. The applicant was issued a RE code of RE-3.
Item 26 on the applicant's DD Form 214 shows “JFL”. Army Regulation 635-5-1 (Separation Program Designator Codes) states the reason for discharge based on separation code “JFL” is “Disability, Severance Pay” and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(3). This separation code is used for an involuntary discharge.
Paragraph 4-24b(3) of Army Regulation 635-40 provides for separation for physical disability with severance pay (10 U.S. Code 1203 or 1206).
Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.
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 processing into the Regular Army and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
Paragraph 3-10 of Army Regulation 601-210, in effect at the time, provided that RE codes may be changed only if they are determined to be administratively incorrect.
RE-3 applied to persons not qualified for continued Army service, but the disqualification was 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. The separation code used in the applicant’s case is correct and was applied in accordance with the applicable regulations.
3. The applicant has failed to show through the evidence submitted or the evidence of record that the separation code issued to him was in error or unjust.
4. The Board considered the applicant's contention that he needs his RE code changed to allow him to join the USAR. However, RE-3 is waivable for the purpose of reenlistment. Therefore, if he still desires to reenter the Army, the Board recommends that he contact his local recruiter to determine if he is eligible for applying for a waiver under current enlistment criteria.
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
TSK____ WDP____ FCJ_____ DENY APPLICATION
| CASE ID | AR2003084394 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030812YYYYMMDD |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200 |
| 2. | 100.0300 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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