IN THE CASE OF:	  

		BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090005556 


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, correction of item 26 (Separation Code) "JFL" and item 27 (Reentry Code) "3" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to more favorable codes that may allow him to reenter the Army.

2.  The applicant states, in effect, that he is a healthy person, he is able to enlist and successfully serve.  He adds that he is mentally and physically capable of handling and exceeding the expectations of any assignment or job requirement within the armed forces.  

3.  The applicant provides two self-authored statements, dated 20 February 2008 and 23 March 2009; a copy of his DD Form 214, dated 28 June 2006; copies of two statements, dated 29 February 2008 and 13 November 2006, from his attending physician; a copy of his medical report, dated 26 February 2008; an undated statement from his physical therapist; a copy of his radiological report, dated 25 February 2008; a copy of his DA Form 3947 (Medical Evaluation Board Proceedings), dated 15 May 2006; a copy of his Standard Form 600 (Chronological Record of Medical Care), dated 10 April 2006; a copy of his separation orders; a copy of his 2008 marathon run results; and a copy of his emergency medical technician diploma in support of his request.





CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) on 19 April 2005.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  

2.  The applicant’s records also show he attained the rank of private first class (PFC)/E-3 and he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

3.  On 10 April 2006, while undergoing a 6-mile road march at Fort Hood, TX, the applicant collapsed at the end of the march and was transferred to Darnell Army Medical Center for treatment.  He subsequently underwent a medical examination that resulted in a diagnosis of a heat stroke.  He was issued a permanent physical profile.

4.  On 15 May 2006, a medical evaluation board (MEBD) convened at Fort Hood, TX, and after consideration of clinical records, laboratory findings, and physical examinations, the MEBD determined the applicant had experienced a heat stroke.  The MEBD recommended that he be referred to a physical evaluation board (PEB).  The applicant agreed with the MEBD’s findings and recommendation and indicated that he did not desire (emphasis added) to continue on active duty.

5.  On 9 June 2006, an informal PEB convened at Fort Sam Houston, TX, and found the applicant's condition prevented him from performing the duties required of his grade and specialty and determined that he was physically unfit due to a heat stroke.  The applicant was rated under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) and was granted a zero-percent disability rating for codes 7999 and 7900.  The PEB recommended the applicant be separated with entitlement to severance pay if otherwise qualified.  The applicant concurred with the PEB’s finding and recommendation and waived his right to a formal hearing on 13 June 2006.

6.  On 28 June 2006, the applicant was honorably discharged in accordance with paragraph 4-24b(3) of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of physical disability with entitlement to severance pay.  The DD Form 214 he was issued shows he completed 1 year, 2 months, and 10 days of creditable active service.  Item 26 of this form shows the entry "JFL," and item 27 shows a "3."  Item 28 (Narrative Reason for Separation) shows "Disability, Severance Pay."


7.  The applicant submitted a copy of his diploma showing completion of emergency medical technician training and copies of his marathon race results, as well as various personal, medical, and academic statements in support of his request as follows:

	a.  in a self-authored statement, dated 20 February 2008, the applicant chronicles his military service and states that his accident happened due to the lack of water on that day.  However, since his incident, he has not had any health issues and continues to be in great shape; 

	b.  in self-authored statement, dated 23 March 2009, the applicant again states that he is not medically disabled and that he does not suffer from any medical condition that prohibits him from reentering the Army; 

	c.  in statements, dated 13 November 2006 and 29 February 2008, the applicant’s attending physician certified that the applicant was in good health and able to tolerate high heat and strenuous conditions and that he is medically able to be reinstated into the armed forces; 

	d.  in a routine medical report, dated 26 February 2008, the physician diagnosed the applicant as being in good health and that he had no further problems with the heat stroke; and

	e.  in an undated statement, the applicant’s physical therapist assessed the applicant as a healthy individual with no musculo-skeletal or functional limitations that may hinder his ability to reenter the military.

8.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and 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 office, grade, rank, or rating.  It provides for MEBDs which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3 of Army Regulation 40-501.  If the MEBD determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.  

9.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Once a determination of physical unfitness is made, the PEB rates all disabilities using the VASRD.  Army Regulation 635-40, appendix B, modifies those provisions of the rating schedule inapplicable to the military and clarifies rating guidance for specific conditions.  Ratings can range from 0 to 100 percent, rising in increments of 10 percent.

10.  Army Regulation 635-200 (Personnel Separations) states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned reentry eligibility (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.  Table 3-1 included a list of the RA RE codes.  An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.  An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.  An RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification. 

11.  Army Regulation 635-5-1 (Separation Program Designator Codes(SPD)) states that SPD codes are three-character alphabetic combinations which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The "JFL" SPD code is the correct code for Soldiers separated under paragraph 4-24b(3) of Army Regulation 635-40 by reason of disability with entitlement to severance pay.

12.  The SPD/RE Code Cross Reference Table, dated 1 March 2001, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The SPD code of "JFL" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show more favorable RE and separation codes that would allow him to reenter the Army.

2.  Physical evaluation boards are established to evaluate all cases of physical disability equitability for the Soldier and the Army.  It is a fact finding board to investigate the nature, cause, degree of severity, and probable permanency of the disability of Soldiers who are referred to the board; to evaluate the physical condition of the Soldier against the physical requirements of the Soldier’s particular office, grade, rank or rating; to provide a full and fair hearing for the Soldier; and to make findings and recommendation to establish eligibility of a Soldier to be separated or retired because of physical disability.

3.  The applicant was diagnosed as having a heat stroke.  He subsequently underwent an MEBD which recommended that he be referred to a PEB.  He agreed with this recommendation and indicated he did not desire to continue on active duty.  The PEB found his medical condition prevented him from performing his duties and determined that he was physically unfit for further military service.  The PEB recommended separation with entitlement to severance pay.  The applicant concurred.  The applicant’s physical disability evaluation was conducted in accordance with law and regulations and the applicant concurred with the recommendation of the PEB.  There is no error or injustice in this case. 

4.  The evidence of record confirms the applicant’s separation and RE codes were assigned based on the fact that he was discharged under the provisions of paragraph 4-24b(3) of Army Regulation 635-40 due to his disabling medical condition.  Absent the medical condition, there was no fundamental reason to process the applicant through the PDES.  Since the PEB rated him at a combined rating of zero percent, by law, the applicant did not qualify for retirement.  However, he qualified for severance pay.  Therefore, the only valid narrative reason for separation permitted under this paragraph is "physical disability with severance pay" and the appropriate separation and RE codes associated with this discharge are "JFL" and "3."

5.  The applicant’s good health, outstanding running abilities, and academic achievements were considered.  However, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  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 did not submit evidence that would satisfy this requirement.  In view of the circumstances in this case, there is insufficient evidence to grant the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  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.




      _______ _  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)                                         AR20090005556



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ABCMR Record of Proceedings (cont)                                         AR20090005556



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