IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080001291
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Reentry (RE) code of RE-4 be changed to a more favorable RE code. He also requests to undergo a Medical Evaluation Board (MEB) or a Physical Evaluation Board (PEB) to prove that he is fit to return to active duty.
2. The applicant states that his RE code is in error because there has been a change in his medical condition.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); his Order and Certificate of Name Change; and his Department of Veterans Affairs (DVA) Rating Decision, dated 19 August 1999.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 October 1996 for a period of six years. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 91B (medical specialist). He was promoted to specialist on 1 July 1998.
2. The applicant's MEB Proceedings and PEB Proceedings are not available.
3. The applicant was released from active duty on 19 May 1999 under the provisions of Army Regulation 635-40, paragraph 4-24b(2) based on temporary physical disability. He completed 2 years, 7 months, and 19 days of active military service. On the following date, he was placed on the Temporary Disability Retired List (TDRL) with a 30 percent disability rating.
4. The applicant's DD Form 214 shows he was issued a RE code of RE-4.
5. Item 26 (Separation Code) on the applicant's DD Form 214 shows the Separation Program Designator (SPD) code of "SFK" (Physical Disability, Temporary).
6. The applicant provided a DVA Rating Decision, dated 19 August 1999, which shows he was granted service connection for bipolar disorder with an evaluation of 30 percent; service connection for right knee degenerative joint disease with an evaluation of 10 percent; and service connection for cyst of his left leg with an evaluation of zero percent.
7. Department of the Army, U.S. Army Physical Disability Agency, Washington, D.C. Orders D134-5, dated 12 July 2000, removed the applicant from the TDRL on 12 July 2000 and permanently retired him in his current grade of specialist with a disability rating of 30 percent.
8. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation, in effect at the time, shows that the SPD code SFK as shown on the applicants DD Form 214 specifies the narrative reason for an involuntary discharge "Physical Disability-Temporary and that the authority for discharge under this separation program designator is AR 635-40, paragraph 4-24B(2)."
9. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.
10. 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 and the U.S. 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.
11. RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
DISCUSSION AND CONCLUSIONS:
1. It appears that a PEB found the applicant unfit for military service at a 30 percent disability rating. 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 on the TDRL.
2. The applicant's DD Form 214 shows he was separated with a separation code of "SFK" (Physical Disability-Temporary) in accordance with the governing regulation in effect at the time and properly given an RE code of RE-4.
3. The applicant was removed from the TDRL and was permanently retired from the service on 12 July 2000 at a 30 percent disability rating.
4. The RE code of "4" issued to the applicant is not waivable and does not allow him to continue Army service. It was properly given because at the time he was placed on the TDRL he was actually in a retired status. In addition, he was permanently retired in July 2000. He provided no evidence to show he was misdiagnosed.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ __xx____ ____xx__ 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.
______xxxx _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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