RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 February 2007
DOCKET NUMBER: AR20060010793
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.
X
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 REENTRY (RE) Code on his DD Form 214 be changed from a 3 to a code that will allow him to reenter the service.
2. The applicant states that he has now fully recovered and desires to reenter the service now, rather than to wait. He goes on to state that he served with his heart and soul for almost 14 years and should be allowed to reenter the service. He further states that he was and is a top notch Soldier, Noncommissioned Officer and leader and he desires to continue his service.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the Massachusetts Army National Guard and continued to serve until he enlisted in the Regular Army on 5 February 1993. He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 1 July 2004.
2. In May 2004, while serving as a drill sergeant at Fort Benning, Georgia, the applicant underwent minor back surgery for lower back pain.
3. On 2 February 2005, the applicant underwent evaluation by a Medical Evaluation Board (MEB) for lumbago and was referred to a Physical Evaluation Board (PEB). The applicant indicated that he desired to continue on active duty and agreed with the findings and recommendations of the MEB.
4. On 14 February 2005, a PEB was convened at Fort Sam Houston, Texas to evaluate the applicant for chronic back pain, status post L4-5 fusion, without neurologic abnormality, thoracolumbar range of motion limited by pain, antalgic gait. The PEB found that the applicant was physically unfit and recommended that he be discharged with a 20% disability rating.
5. The applicant did not concur with the findings and recommendations of the PEB and elected to waive a formal hearing of his case and submit a written appeal.
6. The applicants noncurrence/rebuttal to the PEB findings were reviewed by the Army Physical Disability Agency in Washington, D.C. and that agency determined that his case had been properly adjudicated.
7. Accordingly, he was honorably discharged on 3 May 2005, under the provisions of Army Regulation 635-40, paragraph 4-24B(3), due to disability with severance pay. He had served 12 years, 2 months and 29 days of total active service and was issued a RE Code of 3. He was paid $74,030.40 in disability severance pay benefits.
8. 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.
9. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office.
DISCUSSION AND CONCLUSIONS:
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 that requirement.
2. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
3. The applicant was separated under the provisions of Army Regulation 635-40 and properly issued an RE Code of RE-3 in accordance with the applicable regulations.
4. The applicants contentions have been noted. However, there are procedures whereby the applicant can apply to a local recruiter for a waiver of his RE Code if he is in fact physically qualified and the needs of the Army at the time justify his return to service.
5. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X__ __X __ ___X __ 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.
_____ X_______
CHAIRPERSON
INDEX
CASE ID
AR20060010793
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070227
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 1.100.0300
4/RE CODE
2.
3.
4.
5.
6.
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