IN THE CASE OF:	

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090010934 


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 an upgrade of his reentry eligibility (RE) code of 3.

2.  The applicant states, in effect, that his right ankle is no longer an issue for him.  He also states that he has not received any benefits for disability.

3.  The applicant provides no additional documentation in support of this case.

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 25 September 2001 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  The applicant's separation documents and medical records are not available.

4.  On 7 June 2006, the applicant was honorably discharged from active duty.  He was issued a DD Form 214 which shows in block 28 (Narrative Reason for Separation) the entry "DISABILITY, SEVERANCE PAY."  The applicant had competed 4 years, 11 months, and 14 days of creditable active service.

5.  The applicant’s DD Form 214 with the period ending 7 June 2006 also shows in item 25 (Separation Authority) the entry “AR 635-40, PARA 4-24b(3),” in item 
26 (Separation Code) the entry “JFL,” and in item 27 (Reentry Code) the entry 3. 

6.  Army Regulation 635-200 (Personnel Separations) states, in pertinent part, 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 USAR.  Table 3-1 included a list of the RA RE codes.  An RE code 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 code 3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.  

7.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the separation program designator (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 Department of Defense and the military services to assist in the collection and analysis of separation data.  The SPD code of JFL is the correct code for Soldiers separating under paragraph 4-24b(3) of Army Regulation 635-40 for temporary disability.

8.  The SPD/RE Code Cross Reference Table, dated 31 March 2003, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and the corresponding RE code.  The SPD code of JFL has a corresponding RE code of 3.
9.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his assigned RE code of 3 should be upgraded. 

2.  The available evidence confirms the applicant’s was separated due to a disability with severance pay.  By regulation he was assigned an SPD code of JFL and the corresponding RE code of 3.  Lacking independent evidence to the contrary, there is a presumption of administrative regularity.  Therefore, it appears the assigned RE code of 3 is appropriate.  

3.  However, this does not mean that the applicant has been completely denied the opportunity to reenlist if that is his intention.  Since he is eligible to apply for a waiver, he has the option of visiting his local recruiting station and consulting with recruiting personnel who are required to process waiver request.

4.  Additionally, there is no evidence available to indicate the applicant was entitled to disability benefits other than the severance pay that he received upon discharge.  The applicant should consult his local Department of Veterans Affairs to determine if he is eligible for any additional benefits.

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)                                         AR20090010934



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ABCMR Record of Proceedings (cont)                                         AR20090010934



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