Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070013244
Original file (20070013244.txt) Auto-classification: Denied


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.


Similar Decisions

  • ARMY | BCMR | CY2001 | 2001065073C070421

    Original file (2001065073C070421.rtf) Auto-classification: Approved

    The applicant states, in effect, that item 28 of her DD Form 214 should show the entry “Temporarily Retired due to Disability” instead of the entry “Disability, Severance Pay.” In support of her application, she submits copies of: her DD Form 214 (Certificate of Release or Discharge from Active Duty); DA Form 3349 (Physical Profile); Standard Form 88 (Report of Medical Examination); Standard Form 93 (Report of Medical History); DA Form 5181-R (Screening Note of Acute Medical Care); Medical...

  • ARMY | BCMR | CY2013 | 20130013846

    Original file (20130013846.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 3 April 2014 DOCKET NUMBER: AR20130013846 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests the following amendments of his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 26 (Separation Code) - to show "SFJ" instead of "SFK" * Item 28 (Narrative Reason for Separation) - to show "Disability, Permanent" instead of "Disability, Temporary" 2. He was issued a DD Form 214 showing he was honorably retired due to a...

  • ARMY | BCMR | CY2008 | 20080001291

    Original file (20080001291.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 12 August 2008 DOCKET NUMBER: AR20080001291 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. As a result, the applicant was released from active duty on 19 May 1999 under the provisions of Army Regulation 635-40, paragraph 4-24b(2) for physical disability - temporary and placed...

  • ARMY | BCMR | CY2007 | 20070018890

    Original file (20070018890.TXT) Auto-classification: Denied

    x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, he is no longer on the Temporary Disability Retired List (TDRL) and would like his RE-4 code changed accordingly based on his honorable discharge. Although a PDES packet containing the specific facts and circumstances surrounding the applicant's medical separation processing is not on file, the record does contain a properly constituted DD Form 214...

  • ARMY | BCMR | CY2010 | 20100022411

    Original file (20100022411.txt) Auto-classification: Denied

    His DD Form 214 shows he was retired in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), by reason of temporary disability. The regulation provides 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. The applicant’s retirement was based on the fact that he underwent a PEB that found him physically unfit to perform duties...

  • ARMY | BCMR | CY2014 | 20140018178

    Original file (20140018178.txt) Auto-classification: Denied

    His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was retired in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b (2), by reason of temporary disability. The SPD code of "SFK" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b (2), for temporary disability. The SPD code of "SFK" was the appropriate code for the applicant based on the guidance provided...

  • ARMY | BCMR | CY2005 | 20050016446C070206

    Original file (20050016446C070206.doc) Auto-classification: Approved

    William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's military records show he enlisted in the United States Army Reserve (USAR) on 15 February 2000, for 8 years, with an established expiration of term of service (ETS) of 14 February 2008. The regulation shows that the SPD "SFK", as shown on the applicant’s DD Form 214, is appropriate for discharge when the narrative reason for discharge is...

  • ARMY | BCMR | CY2009 | 20090014116

    Original file (20090014116.txt) Auto-classification: Denied

    Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designator codes to be used for these stated reasons. Army Regulation 601-210, paragraph 4-5(b) states any applicant who was last separated or discharged from any Component of the Armed Forces for medical reasons with or without disability will require...

  • ARMY | BCMR | CY2011 | 20120000756

    Original file (20120000756.txt) Auto-classification: Denied

    The applicant requests change of his separation code and reentry eligibility (RE) code with the intention of returning to military service. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD code of "SFK" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b(2), for temporary disability. There is no available evidence showing whether or not he is still on the TDRL, or has been removed and permanently separated for...

  • ARMY | BCMR | CY2010 | 20100024892

    Original file (20100024892.txt) Auto-classification: Denied

    On 2 April 2010, the applicant was removed from the TDRL and discharged from the service with severance pay because of permanent physical disability with a disability rating of 20%. Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative further states, in pertinent part, 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. Although the applicant was properly...