BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090008024 


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 that his Reentry (RE) code of RE-4 be changed.

2.  The applicant states that his character of discharge is honorable, but employment is very difficult with an RE-4 code.  He mentions the term "employment discrimination."

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 14 October 1982.  His highest grade attained was specialist four, E-4.
3.  A medical evaluation board (MEB) evaluated the applicant on 25 July 1984 and he was diagnosed as having bilateral chronic plantar fasciitis in both feet.  He was referred to a physical evaluation board (PEB).

4.  On 6 August 1984, an informal PEB determined that the applicant was physically unfit for duty due to chronic bilateral plantar fasciitis.  The PEB recommended that he be separated with severance pay with a combined rating of ten percent.  The applicant concurred with the findings and recommendations of the PEB and waived a formal hearing.  

5.  The applicant was discharged on 2 November 1984 under the provisions of Army Regulation 635-40, paragraph 4-24e(3) by reason of physical disability with severance pay.  He completed 1 year, 10 months, and 12 days of active military service.

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

7.  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 4-24e(3) lists separation for physical disability with severance pay.

8.  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 4-24e(3)."  

9.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect at the time, established RE code 3 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.

10.  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.  Army Regulation 601-210 also provides, in pertinent part, that RE codes may only be changed if they are determined to be administratively incorrect. 

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

12.  RE–3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged on 2 November 1984 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.  However, RE code 3 was the appropriate RE code for a Soldier separated under the provisions of Army Regulation 635-40, paragraph 4-24e(3) for disability, severance pay at the time of his discharge in November 1984.

3.  It appears that an administrative error has occurred in this case regarding the applicant’s RE code of RE-4.  Therefore, it would be equitable to change his RE code from RE-4 to RE-3.  

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his RE code of RE-4 to RE-3 on his DD Form 214.



      _______ _   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)                                         AR20090008024





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ABCMR Record of Proceedings (cont)                                         AR20090008024



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