IN THE CASE OF:	  

		BOARD DATE:	  	  16 October 2008

		DOCKET NUMBER:  AR20080012195 


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 reconsideration of his earlier request that his Reentry Eligibility (RE) code be changed from RE-4 to RE-3.  

2.  The applicant states that he was unaware of a statute of limitations for appealing a reenlistment code nor was he informed by those who were present during his out-processing that he could have appealed the process while he was still on active duty.  He would like to be reconsidered so that he may serve his country.  He states that he can still perform and function above the required physical fitness standards.  He realizes that his physical limitations would prevent him from a combat military occupational specialty (MOS) but he is fluent in three languages.  At the time of his separation, it was a time of cutbacks and he was not given the option to reclassify to a different MOS.  

3.  The applicant provides an unsigned personal statement, dated 15 April 2008 as amended on 10 July 2008, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060011222 on 19 April 2007.

2.  The applicant has provided new statements that will be considered by the Board.
3.  The applicant enlisted in the Regular Army on 28 January 1986 for a period of 3 years and 14 weeks.  At the completion of one station unit training at Fort Benning, Georgia, he was awarded military occupational specialty 11B (infantryman).  His highest grade attained was private first class (PFC), E-3.  

4.  On 14 May 1986, the applicant was assigned to Company C, 1st Battalion, 22nd Infantry, Fort Drum, New York, for duty in MOS 11B as a grenadier.  

5.  An Inpatient Treatment Record Cover Sheet shows the applicant was diagnosed with chronic anterolateral rotary instability of the left knee, degenerative joint disease of the left knee, and patella femoral pain syndrome of the left knee.  This treatment record also shows that a Medical Evaluation Board (MEB) convened on 29 July 1988 and a Physical Evaluation Board (PEB) convened on 23 August 1988 to review his records.  The PEB recommended his separation with severance pay at a 20 percent disability rating.  

6.  The applicant was discharged from active duty on 20 October 1988 under the provisions of Army Regulation 635-200, paragraph 4-24e(3) by reason of physical disability with severance pay.  He completed 2 years, 6 months, and 14 days of active military service.  

7.  His DD Form 214 shows he was assigned a separation code of “JFL” (Disability, Severance Pay) and issued an RE code of RE-4.  

8.  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.

9.  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)."  


10.  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.

11.  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.

12.  RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged on 20 October 1988 under the provisions of Army Regulation 635-40, paragraph 4-24e(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-4 in accordance with the governing regulation in effect at the time.

3.  The applicant’s desire to again serve his country is admirable; however, there is no evidence of record which shows the reentry code issued to him was in error or unjust.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20060011222, dated 19 April 2007.



      _______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)                                         AR20080012195



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ABCMR Record of Proceedings (cont)                                         AR20080012195



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