RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 JANUARY 2006
      DOCKET NUMBER:  AR20050004797


      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             |
|     |Ms. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 records be corrected by changing his
reentry code on his DD Form 214 (Certificate of Release or Discharge from
Active Duty).

2.  The applicant states that he needs his reentry code changed so that he
can reenlist in the U.S. Air Force or the U.S. Coast Guard.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 November 2001, for a
period of 3 years.

2.  The facts and circumstances concerning the applicant’s discharge
proceeding are not in the available records.

3.  On 1 May 2002, the applicant was discharged under the provisions of
Army Regulation 635-40, Chapter 14, paragraph 4-24b(3), disability,
severance pay.  His DD Form 214 indicates he had 5 months and 19 days of
active service.  His service was uncharacterized, and he was assigned the
reentry code of 3 and a separation code of JFL.

4.  Orders 116-0160, Headquarters, US Armor Center, Fort Knox, Kentucky,
dated 26 April 2002, directed that the applicant was not authorized
disability severance pay because he had less than 6 months of active duty.

5.  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 United States 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-3 applies to persons not qualified for continued Army service, including
individuals separated by reason of disability, but the disqualification is
waivable.

6.  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
“JFL" is the appropriate SPD code for individuals involuntarily discharged
for disability, severance pay.

7.  A “cross-reference” table, provided by officials from Separations
Branch at the U.S. Army Human Resources Command-Alexandria, confirms that
“RE-3” is the appropriate RE code for individuals who separated with an SPD
code of "JFL".

8.  Army Regulation 601-210, which establishes the policies and provision
for enlistment in the Regular Army and United States Army Reserve, states
that RE Codes may be changed only if they are determined to be
administratively incorrect.  Individuals who have correct RE Codes may be
processed for a waiver at their request if otherwise qualified and a waiver
is authorized.  No requirement to change a RE Code exists to qualify for
enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated from active duty because of disability and
as such, he was not eligible to reenlist, and received an RE Code of 3.

2.  The evidence confirms that the applicant’s RE Code was assigned based
on the fact that he was not qualified for continuous service at the time of
his separation.  The applicant’s RE Code is appropriate considering the
basis for his separation, and there is no basis to correct the existing
code.  The fact that he may now be physically able to return to military
service is not sufficient justification to change the applicant’s RE Code.


3.  In order to justify correction of a military record the applicant must
show, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SP____  __CD___  __KJ____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  _____Shirley Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004797                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060118                                |
|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.                      |                                        |


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