IN THE CASE OF:
BOARD DATE: 16 October 2008
DOCKET NUMBER: AR20080012224
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, her Reentry (RE) Code be changed to an RE code that would allow her to reenter the military.
2. The applicant states that she was assigned an RE-4R which leaves her unable to enlist in the US Army Reserve. The applicant explains that when she was discharged, she was not in the physical condition to meet the Armys needs. However, her medical condition was not permanent and, therefore, she should not be prohibited from reentering the service.
3. The applicant does not provide any addition documents in support of her request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows she enlisted in the Regular Army on 7 September 2000. She successfully completed basic combat and advanced individual training and was awarded the military occupational specialty of practical nurse.
2. On 16 December 2003, a Medical Evaluation Board (MEBD) determined that the applicant was medically disqualified due to Stage I Endometriosis by ASRM criteria. The MEBD referred the applicant to a Physical Evaluation Board (PEB).
3. The applicants PEB Proceedings are not contained in her records. However, on 30 March 2004, the applicant was honorably released from active duty due to temporary disability and placed on the Temporary Disability Retired List (TDRL). The DD Form 214 she was issued shows that she was assigned the Separation Program Designator (SPD) code "SFK," an RE code of 4R, and a narrative reason for separation of Disability, Temporary.
4. On 5 June 2006, the applicant was removed from the TDRL and was honorably discharged the following day with severance pay, rated 10 percent disabled.
5. 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 applicants DD Form 214 specifies the narrative reason for separation as Disability, Temporary."
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 Regular Army (RA) and the U.S. Army Reserve.
7. 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.
8. 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.
9. 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 requests that her RE-4R be changed so she can enlist in the USAR.
2. The applicant was placed on the TDRL on 30 March 2004. Therefore, the SPD of SFK and the narrative reason on the applicants DD Form 214 are correct.
3. However, according to the SPD/RE Code Cross Reference Table, dated 31 March 2003, the RE code entered on the applicants DD Form 214 should be RE-4 instead of RE-4R. Therefore, it is appropriate to change the
RE code on the applicants DD Form 214 to RE-4 instead of RE-4R.
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 30 March 2004 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 further changes to her 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) AR20080012224
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ABCMR Record of Proceedings (cont) AR20080012224
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