IN THE CASE OF:	

		BOARD DATE:	22 September 2009  

		DOCKET NUMBER:  AR20090008597 


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, that her Reenlistment Code (RE Code) be changed to a "3."

2.  The applicant states, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) has the correct separation code (JFL) but the reentry code is incorrect.  It is a "4" when it should be a "3."  The applicant states she went to the same office where the DD Form 214 was prepared and was informed the RE Code has to be corrected.  It should never have been a "4."

3.  In support of her request, the applicant submitted a copy of a Physical Disability Information Report; a copy of her DD Form 214; and a memorandum from the United States Army Installation Management Command, United States Army Garrison Benelux (NGGS), Subject:  Request for Correction of DD Form 214, dated 3 September 2008, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the US Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP), on 28 August 2002.  On 21 January 2003, she was discharged from the DEP and on 22 January 2003 she enlisted in the Regular Army, in the rank of Private, pay grade E-2, for a period of 6 years.  The applicant was assigned to the 128th Signal Battalion, Cheivres, Belgium, as her first duty station.

2.  On 3 August 2007, the applicant was referred to the Washington Physical Evaluation Board (PEB) in Washington DC for consideration of her diagnosed bilateral tibial stress fractures and pubic ramus stress fractures.  Based on its review of the medical evidence of record, the PEB concluded that her medical condition prevented her from performing her duty in her grade and specialty and recommended that she be separated with severance pay, if otherwise qualified.  The PEB recommended a disability percentage of 0% and advised her that the amount of severance pay she would receive would be based on her active duty service time and not on her disability rating.  She was also advised she would receive the same amount of severance pay regardless of whether the overall rating was 0%, 10%, or 20%.  She was further advised that a rating of 0% did not mean she did not have a disability.  The 0% rating was assigned when a condition did not meet the criteria for the minimum rating.  The results of the PEB were approved by the President of the PEB on 3 August 2007 and by the Secretary of the Army on 24 August 2007.

3.  The applicant was honorably discharged in the rank and pay grade of Sergeant, E-5, on 24 November 2007, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Chapter 4, paragraph 4-24B(3).  On the date of her discharge, the applicant had completed a total of 4 years, 10 months, and 3 days net active military service with no time lost.

4.  The applicant was given a separation code "JFL" (Disability with Severance Pay) and an RE code of "4."

5.  Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  This regulation establishes the Army Physical Disability Evaluation System according to the provisions of Title 10, United States Code, Chapter 61, and Department of Defense Directive 1332.18.  It 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 or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. 

6.  Army Regulation 601-210 (Regular and Reserve Components Enlistment Program) provides the guidance for the issuance of RE codes upon separation of Soldiers from active duty.  This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge.  This same regulation covers eligibility 

criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the Reserve.  Chapter 3 of the regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  It states, in pertinent part, that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.

7.  RE code 1 applies to persons who are completing their period of active service who are eligible for immediate reenlistment.  RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  RE code 4 applies to persons not qualified for continued Army service, and the disqualification is not waivable.

8.  Army Regulation 635-5-1 (SPD Codes) 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.  It notes that "JFL" is the appropriate SPD code for individuals discharged for disability and receive severance pay.

9.  The SPD/RE Code Cross-Reference Table indicates that a RE Code of 3 will be applied when the separation code is "JFL."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was referred to a PEB.  The PEB found her unfit because of physical disability to reasonably perform the duties of her office, grade, rank, or rating.  Because of her physical disability, she was discharged according to applicable laws and regulations.

2.  The separation code of "JFL" and RE Code of "4" were entered in the appropriate corresponding items on the DD Form 214 and the narrative reason for her discharge was shown as, "Disability Severance Pay."

3.  The applicant's separation code of "JFL" is consistent with the basis for her separation; however, the applicable regulation states, in pertinent part, that a RE code of "3" is appropriate when the individual is separated for a physical disability and receives severance pay.  A RE code of "3" is appropriate and will be applied to a separating individual's DD Form 214 under these circumstances.


4.  It appears that at the time of the applicant's discharge and at the time her DD Form 214 was being prepared, a typographical error occurred.  The RE code entered on her DD Form 214 should have been a "3" and not a "4."  Therefore, based on the evidence and regulatory guidance, the applicant is entitled to a correction of her DD Form 214 and a change of her RE code from a "4" to a RE code of "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 correcting the applicant's RE Code shown in Item 27 of the applicant's DD Form 214 from a "4" to a "3."




      _______ _   _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)                                         AR20090008597





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ABCMR Record of Proceedings (cont)                                         AR20090008597



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