BOARD DATE: 1 October 2009
DOCKET NUMBER: AR20090008122
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 Eligibility (RE) code of 3 be changed to RE-1 to allow him to enlist in the U.S. Marine Corps.
2. The applicant states he has no existing pain or limitations in his leg that would prevent him from serving in any capacity.
3. The applicant provides the following documents in support of his application: his DD Form 214 (Certificate of Release or Discharge from Active Duty); a memorandum, dated 24 July 2007, from the Junior Readiness Training Center; his DA Form 3349 (Physical Profile); three Standard Forms 600 (Chronological Record of Medical Care); and his enlistment and reenlistment contract with accompanying documents.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 15 April 2003. He was promoted to specialist four on 1 November 2004. He was deployed in support of Operation Enduring Freedom and Operation Iraqi Freedom.
2. The applicants Medical Evaluation Board Proceedings are not available. On 15 February 2008, an informal Physical Evaluation Board found the applicant unfit for military service due to right knee pain following a gunshot wound to his distal right thigh and recommended he be separated with severance pay and a 10 percent disability rating. The applicant concurred with the recommendations and waived a formal hearing of his case.
3. The applicant was discharged on 27 May 2008 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of physical disability with severance pay. He completed 5 years, 1 month, and 13 days of active military service.
4. His DD Form 214 shows he was issued an RE code of 3 and a Separation Program Designator (SPD) code of "JFL" due to disability, severance pay.
5. 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.
6. 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 applicants 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)."
7. 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. RE3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
8. The SPD/RE Code Cross Reference Table establishes RE code 3 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(3) for disability, severance pay.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he has no existing pain or limitations in his leg that would prevent him from serving in any capacity is noted. However, based on the findings and recommendations of the informal PEB, dated 15 February 2008, the applicant was found physically unfit due to right knee pain and was recommended for separation with severance pay.
2. The applicants request that his RE code be changed from "3" to "1" so that he may be eligible to enlist in the U.S. Marine Corps was considered; however, his request does not serve as a basis to change a properly assigned RE code.
3. The applicant's RE code is based on his reason for separation and cannot be changed unless the applicant's narrative reason for separation is changed. His narrative reason for separation was based on physical disability with severance pay and he has provided no evidence sufficient to change the reason. In view of the foregoing, there is no basis for granting relief in this case.
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.
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