RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 October 2007
DOCKET NUMBER: AR20070007183
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr.
Chairperson
Mr. Michael J. Flynn
Member
Mr. William Blakely
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, in effect, that his Reentry (RE) Code 3 be changed to either an RE Code 1 or an RE Code 2.
2. The applicant makes no statement.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. On 19 April 2005, the applicant enlisted in the Regular Army. The available records do not show that he completed his initial training or that he was awarded a military occupational specialty.
2. On 2 June 2006, a Physical Evaluation Board (PEB) considered the applicant's medical condition consisting of a chronic right hip pain, due to a healed stress fracture. The PEB found that the applicant's medical and physical impairment prevented reasonable performance of duties and recommended that he be separated with severance pay, if otherwise qualified.
3. On 7 June 2006, the applicant concurred with the PEB and waived a formal hearing of his case.
4. On 15 July 2006, the applicant was honorably discharged under the provisions of Army regulation 635-40, paragraph 4-24B(3) for disability with severance pay. Accordingly, he was given a Separation Program Designator (SPD) Code of JFL and an RE Code of 3.
5. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
6. 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 upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-40, paragraph 4-24B(3) for disability with severance pay. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 3 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for his discharge.
2. 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.
3. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_ HOF __ _WB____ __MJF __ 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.
_ Hubert O. Fry, Jr _____
CHAIRPERSON
INDEX
CASE ID
AR20070007183
SUFFIX
RECON
DATE BOARDED
20071023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110
2.
3.
4.
5.
6.
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