RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 February 2008
DOCKET NUMBER: AR20070013244
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
Ms. Phyllis M. Perkins
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Mr. Antonio Uribe
Member
Mr. Ronald D. Gant
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 be changed from RE-4 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to a more favorable reentry RE code.
2. The applicant states, in effect, that he wants to enlist on active duty because he feels he is able to perform physical activities without any problems.
3. The applicant provides a copy of his DD Form 214 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's service personnel records are not complete. There are, however, sufficient records to permit consideration of his case.
2. The applicant's DD Form 214 for the period ending 20 March 2005 shows he served in the Regular Army; entered active duty on 23 January 2004; was awarded military occupational specialty (MOS) 11B1O (Infantryman); held the rank of private first class/pay grade E-3; and completed 1 year, 1 month, and 28 days of active military service.
3. The DD Form 214 confirms that the applicant was separated from active duty under the provision of paragraph 4-24b(2) of Army Regulation 635-40 (Personnel Separations) by reason of disability, temporary. This form also shows that based on the authority and reason for the applicant's separation, he was assigned a separation program designator (SPD) code of SFK [disability, temporary] and an RE code of RE-4.
4. United States Army Physical Disability Agency (PDA), Washington, DC Orders D157-09, dated 5 June 2006, shows that the applicant was removed from the Temporary Disability Retired List (TDRL) on 5 June 2006 and was permanently retired because of physical disability. The PDA assigned a disability rating of 30 percent and the applicant was permanently retired.
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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures
for enlistment and processing into the Regular Army (RA) and the US 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. RE-4 applies to persons who are separated from last period of service with a non-waivable disqualification.
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. It states, in pertinent part, that the SPD code of SFK is the appropriate code to assign to Soldiers who are separated under the provisions of paragraph 4-24b(2) of Army Regulation
635-40, disability, temporary. The SPD/RE Code Cross Reference Table included in the regulation stipulates that the RE code assignment will be based on the Department of the Army directive authorizing separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code should be changed because the
RE-4 code he was assigned prohibits him from reenlisting in the Army.
2. The applicant was separated under the provision of paragraph 4-24b(2) of Army Regulation 635-40 by reason of SFK, for disability, temporary. Evidence show the applicant was removed from the TDRL and was permanently retired by reason of physical disability
3. By regulation, the RE code assigned to members separated by reason of SFK, for disability, temporary is RE-4. Evidence of records confirms the applicant's separation was accomplished in accordance with the applicable regulation, which includes the assignment of the SPD code of SKF and the RE code of 4.
4. Based on applicable regulations, temporary disability retirements are nonwaiverable disqualifying separations or discharges. Therefore the RE-4 code assigned to the applicant was and remains valid based on the authority and reason for his separation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_KLW___ _AU ____ _RDG___ 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.
_Kenneth L. Wright___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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