RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 April 2005
      DOCKET NUMBER:  AR20040006125


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show his correct social
security number (SSN) of 463-__-____, to show his pay grade as E-3, to show
he received $11,388.66 in severance pay, and to adjust his reentry (RE)
code to RE code 1.

2.  The applicant states that his SSN is incorrect on his DD Form 214; that
he was separated in pay grade E-3; that the severance pay listed on his DD
Form 214 is nowhere near what went into the bank; and he wishes his RE code
be changed because he wishes to return to the service.

3.  The applicant provides three letters of support – one dated 29 July
2004, one dated 7 August 2004, and one undated.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on     18 January 1998.  The application submitted in this case is dated 16
August 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 14 October 1992.

4.  On 29 September 1997, an informal Physical Evaluation Board (PEB) found
the applicant to be unfit for service due to left anterior knee pain with
stress reactions of knee and patellofemoral joint and increased activity in
the region of tibial tuberosity consistent with Osood Schlatter's disease
residual with a disability rating of 10 percent and recommended his
separation with severance pay.  On 6 October 1997, he concurred with the
findings and recommendation of the PEB.

5.  On 18 January 1998, the applicant was honorably discharged with
severance pay due to disability.  Item 3 (Social Security Number) of his DD
Form 214 shows his SSN as 436-__-____.  Items 4a (Grade, Rate or Rank) and
4b (Pay Grade) show his rank and grade as Private, E-2.  Item 18 (Remarks)
shows he received $22,777.33 in disability severance pay.  Item 26
(Separation Code) shows he received a separation program designator code of
"JFL" (disability, severance pay).  Item 27 (Reentry Code) shows he
received an RE code of 4.

6.  On 14 July 2004, the applicant's DD Form 214 was corrected to show his
SSN as 463-__-____.

7.  On 15 April 2005, the Defense Finance and Accounting Service –
Indianapolis Center (DFAS-IN) informed the Board analyst that the applicant
separated in pay grade E-3 and that he was paid $12,303.00 in severance pay
but due to some collections his final [severance] pay was $11,266.06.

8.  The applicant provides a letter of support from his current supervisor
and from a co-worker.  He also provides a letter from a Doctor of
Osteopathy who stated that, following an examination and x-rays of the
applicant's left knee, it was his medical opinion that the applicant's left
knee was within normal limits and there was no problem with his knee that
would limit his participation in any physical activity whatsoever.

9.  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.

10.  RE code 4 applies to persons not qualified for continued Army service
and the disqualification is not waivable.  RE code 3 applies to persons not
qualified for continued Army service but the disqualification is waivable.
RE code 1 applies to persons fully qualified for continued Army service.

11.  The SPD/RE Cross Reference Table, effective 1 October 1993, provided
that when the SPD was "JFL" then RE code 3 would be given.  The current
SPD/RE Cross Reference Table, effective 31 March 2003, provides for the
same.

12.  Recruiting personnel have the responsibility for initially determining
whether an individual meets current enlistment criteria.  They are required
to process a request for waiver under the provisions of chapter 4, Army
Regulation 601-210.

13.  Army Regulation 40-501 (Standards of Medical Fitness), paragraph 1-6b
states that examinees initially reported as medically unacceptable by
reason of medical unfitness when the medical fitness standards of chapters
2 or 3 apply may request a waiver of the medical fitness standards.
Paragraph 1-6i states that waivers for initial enlistment will not be
granted if the applicant does not meet the retention standards of chapter
3.  Requests from waiver authorities for exceptions to this policy will
only be made under extraordinary circumstances and only with the approval
of The Surgeon General.

DISCUSSION AND CONCLUSIONS:

1.  The SSN on the applicant's DD Form 214 was corrected on 14 July 2004.
A copy of his corrected DD Form 214 will be provided to him.

2.  Records at DFAS-IN show the applicant separated in pay grade E-3.
Items 4a and 4b of his DD Form 214 should be corrected to reflect his
correct rank and grade.

3.  Records at DFAS-IN show the applicant was entitled to $12,303.00 in
severance pay and was paid $11,266.06 in severance pay (slightly less than
the amount the applicant states he received).

4.  It would not be appropriate to change the applicant's RE code to 1.  He
was not fully qualified for enlistment at the time he separated.  However,
there is an error on his DD Form 214 in regards to his RE code.  He was
erroneously given RE code 4 when he should have been given RE code 3.  His
records should be corrected to reflect an RE code of 3.

5.  It would not be appropriate for the Board to pass judgment on the
applicant's current medical fitness for enlistment.  However, if he
otherwise meets current enlistment standards his recruiters can request a
waiver for his medical disqualification from The Surgeon General.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__fne___  __rtd___  __drt___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 of the
individual concerned be corrected:

     a.  in items 4a and 4b by showing his rank and grade as Private First
Class,   E-3;

     b.  in item 18 by showing he received $11,266.06 in disability
severance pay; and

     c.  in item 27c by showing he received a reentry code of 3.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing his reentry code to RE code 1.




            __Fred N. Eichorn__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006125                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050421                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]