| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Linda D. Simmons | Member |
2. The applicant requests, in effect, that his reentry (RE) code of RE-4 be changed to a more favorable RE code.
3. The applicant states, in effect, that a change in his RE-4 code would allow him to reenlist in the Army and fight along side of his brothers.
4. The applicant’s military record shows that he served on active duty for
3 years, 7 months and 16 days, from 23 May 1989 through 8 January 1993 when he was honorably separated. He was trained and served in military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic), and the highest rank he attained while serving on active duty was private/E-2. The record further shows that the applicant earned the following awards during his tenure on active duty: National Defense Service Medal; Army Service Ribbon; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; Southwest Asia Service Medal with 3 bronze service stars, and the Kuwait Liberation Medal.
5. The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that the authority for his discharge was paragraph
4-24b(3), Army Regulation 635-40, and the reason for his separation was physical disability with severance pay. This document also verifies that based on the authority and reason for his discharge, he was assigned a Separation Program Designator (SPD) code of JFL and an RE code of RE-4.
6. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (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, including RA RE codes. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation but, the disqualification is waivable.
7. Table 4-1 of Army Regulation 601-210 provides a list of all waivable moral and administrative disqualifications. It confirms that those individuals who separated from any component of the Army for medical reasons, to include separation with or without disability severance pay, are disqualified from reenlistment; however, this disqualification is waivable.
8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JFL was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of paragraph 4-24b(3), Army Regulation 635-40, by reason of physical disability with severance pay.
9. The SPD/RE Code Cross Reference Table used in conjunction with Army Regulation 635-5-1 establishes RE-3 as the proper reentry code to assign to soldiers who are separated with an SPD code of JFL, by reason of physical disability with severance pay.
CONCLUSIONS:
1. The Board notes the applicant’s contention that his RE-4 code should be upgraded, and it finds this claim has merit.
2. The evidence of record confirms that the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), by reason of physical disability with severance pay. It also verifies that he was assigned a SPD code of JFL and an RE-4 code.
3. The Board finds that the RE-4 code assigned the applicant was inappropriate based on the authority and reason for his discharge. Under the regulatory guidelines, members assigned an SPD code of JFL should be assigned a corresponding RE code of RE-3. By regulation, RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation but the disqualification is waivable. Thus, the Board concludes that it would be appropriate to change the applicant’s RE code to RE- 3 at this time.
4. The applicant is advised to contact a local recruiter to determine his eligibility to reenlist based on the recommended change in his RE code. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing the individual concerned was issued a reentry code of RE-3 and by providing him a corrected separation document that reflects this change.
BOARD VOTE:
__JS__ __LDS___ __RKS__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
JOHN N. SLONE
CHAIRPERSON
| CASE ID | AR2003089685 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 4 | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080008352
The applicant states that he was discharged from the Army with a 20 percent service connected disability rating. 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. There is no evidence of record which shows the reentry code issued to him was in error or unjust.
ARMY | BCMR | CY2003 | 2003090183C070212
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. The Board also carefully considered the supporting doctor’s letter provided by the applicant that indicates that he is now physically able to perform active duty service. In view of the circumstances in this case, the Board finds the RE-3 code was appropriately assigned based on the authority and reason for the applicant’s discharge.
ARMY | BCMR | CY2003 | 2003089809C070403
The applicant states in effect, that his RE code should reflect that he is no longer on the Temporary Disability Retirement List (TDRL) and that he is eligible to reenlist. He states that he would like to reenter the military and therefore needs to have his RE code changed. By regulation, members separated by reason of physical disability with severance pay are assigned an SPD code of JFL and a corresponding RE code of RE-3.
ARMY | BCMR | CY2010 | 20100029944
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his reentry eligibility (RE) code from 3 to 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. The evidence of record confirms the applicant was discharged under the provisions of Army Regulation 635-40, paragraph 2-24b(3), by reason of...
ARMY | BCMR | CY2010 | 20100023448
The applicant states her discharge is correct, but the RE code is incorrect. The evidence of record shows that when the SPD is "JFL," the Soldier's RE code should be "3." ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2012 | 20120005772
The evidence of record confirms the applicant was initially separated from active duty under the provisions of paragraph 4-22b(2), Army Regulation 635-40, by reason of disability, temporary, and that he was placed on the TDRL. By regulation, the SPD code of JFL and RE code of 3 would be the code to assign members who are separated by reason of disability with severance pay. Therefore, absent any medical evidence that calls into question the validity of the rating decision of the PEB at the...
ARMY | BCMR | CY2011 | 20110019785
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code JFL is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of...
ARMY | BCMR | CY2010 | 20100020887
Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designator codes 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. Chapter 3...
ARMY | BCMR | CY2009 | 20090008122
Application for correction of military records (with supporting documents provided, if any). 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. His narrative reason for separation was based on physical disability with severance pay and he has provided no evidence sufficient to change the reason.
ARMY | BCMR | CY2010 | 20100008257
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. The "JFL" SPD code is the correct code for Soldiers separating (involuntarily) under chapter 4 of Army Regulation 635-40 by reason of disability. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his RE code from 4 to 3.