IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080012164


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 his Reentry (RE) Code of RE-3 be changed to RE-1 or RE-2.

2.  The applicant states he wants to rejoin the Army National Guard (ARNG).  He states he was discharged for a disability, but he has no disability.

3.  The applicant provides:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he was discharged on 20 May 2005 by reason of disability with severance pay.

	b.  Automated Standard Form (SF) 513 (Consult Report) for cervical dystonia.

	c.  AF Form 3899 (Aeromedical Evacuation Patient Record) showing transfer from Bagram Army Hospital (Afghanistan) to Landstuhl Regional Medical Center (Germany).

	d.  Automated SF 600 (Chronological Record of Medical Care), dated
29 September 2004 (on front) and 7 October 2004 (on back).

	e.  AF Form 3899 showing transfer from Landstuhl Regional Medical Center to US Army Medical Activity (USA MEDDAC), Fort Carson, CO.

	f.  Two SFs 513E (Consultation Report) from Family Practice and printed on 13 October 2004.

	g.  Automated SF 600 (Medical Record – Chronological Record of Medical Care), dated 13 October 2004.

	h.  Two Department of Veterans Affairs’ (DVA) Progress Notes, dated 2 May 2007 and 25 January 2008 (2 pages).

	i.  DVA Rating Decision (3 pages), dated 19 October 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant was a Specialist (SPC)/E-4 in the ARNG.  He was ordered to active duty in support of Operation Enduring Freedom, serving from 2 January 2004 through 20 May 2005.  He served in Afghanistan from 18 April 2004 through 25 September 2004.

2.  While in Afghanistan, the applicant reported to the Bagram Army Hospital with symptoms of a stiff neck and tilted head fixed to the right.  He was diagnosed with cervical dystonia and was aeromedically evacuated to Germany for evaluation and treatment.  From Landstuhl Regional Medical Center, he was further evacuated to the Continental United States (CONUS) and Evans Army Community Hospital, Fort Carson.

3.  The applicant received botox treatments at Evans Army Community Hospital. On 20 May 2005, he was discharged under the provisions of Army Regulation 635-40 by reason of disability with severance pay of $19,578.00.

4.  The applicant was subsequently seen by the DVA and his medical condition was determined to be service-connected, but not ratable.

5.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) according to the provisions of Title 10, United States Code (USC) , Chapter 61, (10 USC 61) and Department of Defense Directive (DODD) 1332.18 . It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.


6.  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 RA 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, including RA RE Codes.  RE 1 and 2 permit immediate reenlistment if all other criteria are met. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

7.  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. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) established RE Codes to be assigned for each SPD.  A separation code of "JFL" is used for Soldiers who are released from active duty by reason of disability with severance pay.  The SPD/RE Code Cross Reference Table shows that RE Code RE-3 is the applicable RE code assigned for Soldiers separated with an SPD code of "JFL."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his RE Code be changed from RE-3 to RE-1 or RE-2.

2.  The applicant developed a physical disability while serving on active duty.  He was processed through medical channels, diagnosed, and treated.  He was then processed through the Army PDES and determined to be unfit for duty.  He was discharged under the provisions of AR 635-40 by reason of disability and provided severance pay.  His DD Form 214 shows the correct separation authority, narrative reason for separation, separation code, and RE Code.

3.  The applicant's disability may now have resolved; however, at the time of his discharge it existed and was properly evaluated.  The applicant is advised to consult with an ARNG recruiter to determine whether he qualifies for a waiver of his RE-3 Code should he still desire to enlist.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


															XXX
      ______________________
               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)                                         AR20080012164



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ABCMR Record of Proceedings (cont)                                         AR20080012164



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