IN THE CASE OF:	

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080011223 


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, the reason for his release from active duty and his Separation Program Designator (SPD) Code be changed and his reentry eligibility (RE) code be changed from RE-4R to an RE code that would allow him to reenter the military. 

2.  The applicant states that in July 2006 his pulmonologist said he was asthma free and he was removed from the Temporary Disability Retired List (TDRL).  He states he can not find a job and he would like to rejoin the military.  He further states he never received an updated DD Form 214 (Certificate of Release or Discharge from Active Duty) and that he has spoken to recruiters who have told him he can not re-enter the active or reserve forces without an updated DD Form 214 and a change to his RE code.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 25 August 2005 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the Regular Army on 2 October 2001 for a period of 4 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 21W (Carpentry and Masonry Specialist).


2.  On 20 May 2005, a Physical Evaluation Board (PEB) found the applicant physically unfit due to asthma compounded by vocal cord dysfunction.  The PEB recommended a combined rating of 30 percent and that he be placed on the TDRL with a reexamination during May 2006.

3.  On 25 August 2005, the applicant was released from active duty and placed on the TDRL with a 30 percent disability rating.  The applicant’s DD Form 214 shows the applicant was assigned the SPD code "SFK," an RE code of 4R, and a narrative reason of “Disability, Temporary.” He had completed 3 years, 
10 months, and 24 days of active service that was characterized as honorable.

4.  The applicant's official military personnel file (OMPF) on the integrated Personnel Electronic Records Management System (iPERMS) currently reflects his status as being on the TDRL.  There are no documents in iPERMS showing his final PEB or his removal from the TDRL.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation states, in pertinent part, that a DD Form 214 will not be issued to Soldiers upon removal from the TDRL.

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), then in effect, prescribes the specific authorities for separation (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 shows that the SPD code “SFK” as shown on the applicant’s DD Form 214 specifies the narrative reason for separation as “Disability, Temporary." 

7.  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 U.S. Army Reserve.  

8.  Table 3-1 (U.S. Army reentry eligibility codes) of Army Regulation 601-210 states that RE-4 applies to persons separated from last period of service with a non-waivable disqualification.

9.  Table 3-1 of Army Regulation 601-210 states that RE-4R applies to a person who retired for length of service with 15 or more years active Federal service.
10.  The Separation Program Designator Code (SPD)/Reentry (RE) Code Cross-Reference Table, dated 31 March 2003, shows that the appropriate RE code for the SPD code of SFK is RE-4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he never received an updated DD Form 214 when he was removed from the TDRL and that his SPD code and RE code should be changed so he can rejoin the military.

2.  Army Regulation 635-5 specifically prohibits the issuance of a DD Form 214 to a Soldier who is removed from the TDRL.

3.  The applicant was placed on the TDRL on 25 August 2005.  However, there is no evidence showing when he was removed from the TDRL or the ultimate disposition of his status.  However, whether the applicant has been discharged or is still on the TDRL does not change the fact that he was released from active duty and placed on the TDRL on 25 August 2005.  Therefore, the SPD code and the narrative reason on the applicant’s DD Form 214 are correct.

4.  In view of the above, the SPD code entered on the applicant’s DD Form 214 is correct.  However, according to the SPD/RE Code Cross Reference Table, dated 31 March 2003 the RE code entered on the applicant’s DD Form 214 should be RE-4 instead of RE-4R.  Therefore, it is appropriate to change the 
RE code on the applicant’s DD Form 214 to RE-4 instead of RE-4R.

5.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ ____  ____ ___  ___ ___       DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was separated from active duty on 25 August 2005 and placed on the TDRL with a RE code of RE-4.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to issuing an updated 
DD Form 214 upon the applicant's removal from the TDRL, a change of the SPD code and narrative reason, and an assignment of a reenlistment eligible RE code.  




      _______ _  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.

ABCMR Record of Proceedings (cont)                                         AR20080011223



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ABCMR Record of Proceedings (cont)                                         AR20080011223



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