IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080008352
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, in effect, that his Reentry (RE) code of RE-3 be changed to a more favorable RE code.
2. The applicant states that he was discharged from the Army with a 20 percent service connected disability rating. He states the Veterans Affairs (VA) dropped the disability rating to 10 percent. He states his RE code should be lifted so he can reenlist in the Navy or Army to finish his retirement.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having had prior service, the applicant enlisted in the Regular Army on 6 April 1994. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 77F (petroleum supply specialist). He was promoted to sergeant on 1 November 1996.
3. The applicants Medical Evaluation Board Proceedings and Physical Evaluation Board Proceedings are not available.
4. The applicant was discharged on 22 November 1999 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of physical disability with severance pay. He completed 5 years, 7 months, and 17 days of active military service during his latest enlistment and a total of 9 years, 8 months, and 7 days active military service.
5. His DD Form 214 shows he was issued an RE code of RE-3 and a Separation Program Designator (SPD) code of "JFL" (Disability, Severance Pay).
6. 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. Paragraph 4-24b(3) lists separation for physical disability with severance pay.
7. 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 separation program designators to be used for these stated reasons. The regulation shows that the separation program designator JFL as shown on the applicants DD Form 214 specifies the narrative reason for discharge as Disability, Severance Pay and that the authority for discharge under this separation program designator is AR 635-40, paragraph 4-24b(3)."
8. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect, at the time, established RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(3) for disability, severance pay.
9. 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. RE3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged on 22 November 1999 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of physical disability with severance pay.
2. The applicant's DD Form 214 shows he was separated with a separation code of "JFL" and was assigned an RE code of RE-3 in accordance with the governing regulation in effect at the time.
3. There is no evidence of record which shows the reentry code issued to him was in error or unjust. However, the applicant's disqualification for reentry is waivable under Army enlistment criteria.
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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