Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080008352
Original file (20080008352.txt) Auto-classification: Denied

		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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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.  RE–3 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.
ABCMR Record of Proceedings (cont)                                         AR20080008352



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008352



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2003 | 2003089685C070403

    Original file (2003089685C070403.rtf) Auto-classification: Approved

    The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that the authority for his discharge was paragraph 4-24b(3), Army Regulation 635-40, and the reason for his separation was physical disability with severance pay. Thus, the Board concludes that it would be appropriate to change the applicant’s RE code to RE- 3 at this time. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to...

  • ARMY | BCMR | CY2010 | 20100020887

    Original file (20100020887.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. 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. Chapter 3...

  • ARMY | BCMR | CY2010 | 20100029944

    Original file (20100029944.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his reentry eligibility (RE) code from 3 to 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. The evidence of record confirms the applicant was discharged under the provisions of Army Regulation 635-40, paragraph 2-24b(3), by reason of...

  • ARMY | BCMR | CY2003 | 2003090183C070212

    Original file (2003090183C070212.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The Board also carefully considered the supporting doctor’s letter provided by the applicant that indicates that he is now physically able to perform active duty service. In view of the circumstances in this case, the Board finds the RE-3 code was appropriately assigned based on the authority and reason for the applicant’s discharge.

  • ARMY | BCMR | CY2009 | 20090008122

    Original file (20090008122.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. His narrative reason for separation was based on physical disability with severance pay and he has provided no evidence sufficient to change the reason.

  • ARMY | BCMR | CY2011 | 20110019785

    Original file (20110019785.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5-1 (Separation Program Designator (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 that the SPD code JFL is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of...

  • ARMY | BCMR | CY2010 | 20100023448

    Original file (20100023448.txt) Auto-classification: Approved

    The applicant states her discharge is correct, but the RE code is incorrect. The evidence of record shows that when the SPD is "JFL," the Soldier's RE code should be "3." ____________X_____________ 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.

  • ARMY | BCMR | CY2003 | 2003089809C070403

    Original file (2003089809C070403.rtf) Auto-classification: Approved

    The applicant states in effect, that his RE code should reflect that he is no longer on the Temporary Disability Retirement List (TDRL) and that he is eligible to reenlist. He states that he would like to reenter the military and therefore needs to have his RE code changed. By regulation, members separated by reason of physical disability with severance pay are assigned an SPD code of JFL and a corresponding RE code of RE-3.

  • ARMY | BCMR | CY2012 | 20120005772

    Original file (20120005772.txt) Auto-classification: Denied

    The evidence of record confirms the applicant was initially separated from active duty under the provisions of paragraph 4-22b(2), Army Regulation 635-40, by reason of disability, temporary, and that he was placed on the TDRL. By regulation, the SPD code of JFL and RE code of 3 would be the code to assign members who are separated by reason of disability with severance pay. Therefore, absent any medical evidence that calls into question the validity of the rating decision of the PEB at the...

  • ARMY | BCMR | CY2008 | 20080012195

    Original file (20080012195.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 16 October 2008 DOCKET NUMBER: AR20080012195 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect, at the time, established RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24e(3) for disability, severance pay. Pertinent Army regulations provide that prior to discharge or release from...