IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090014116
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 her reentry (RE) code be changed so she can reenlist.
2. The applicant states that she needs her RE code changed to RE-3 or below.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 October 2003 and trained as an automated logistical specialist. On 11 December 2006, she was released from active duty and placed on the Temporary Disability Retired List (TDRL) the following day.
2. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-40, PARA [paragraph] 4-24B(2)." Item
26 (Separation Code) on her DD Form 214 shows the entry "SFK." Item
27 (Reentry Code) on her DD Form 214 shows the entry "4." Item
28 (Narrative Reason for Separation) on her DD Form 214 shows the entry "DISABILITY-TEMPORARY."
3. On 8 September 2009, the applicant was removed from the TDRL and permanently retired (30 percent).
4. Paragraph 4-24b(2) of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that based upon the final decision of the U.S. Army Physical Disability Agency or Army Physical Disability Appeal Board, U. S. Army Personnel Command will issue retirement orders or other disposition instructions for placement on the TDRL.
5. Army Regulation 635-5-1 (Separation Program Designator 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 designator codes to be used for these stated reasons. The regulation states the reason for discharge based on separation code SFK is Disability, Temporary and the regulatory authority is Army Regulation 635-40, paragraph
4-24b(2).
6. 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 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.
7. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
8. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
9. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
10. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that SPD [Separation Program Designator] "SFK" will be issued an RE code of 4.
11. Army Regulation 601-210, paragraph 4-5(b) states any applicant who was last separated or discharged from any Component of the Armed Forces for medical reasons with or without disability will require a waiver for enlistment into the Regular Army or Army Reserve. Paragraph 4-25(m) states persons receiving retired, retirement, or retainer pay, except for combat-wounded personnel, have a nonwaivable disqualification.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was separated from active duty and placed on the TDRL. By regulation, this mandated that she be assigned an RE code of 4 upon her release from active duty. Therefore, her RE code was administratively correct and in conformance with applicable regulations at the time of separation.
2. Evidence of record shows the applicant was removed from the TDRL on
8 September 2009 and permanently retired (30 percent). Therefore, there is no basis for granting the applicants request.
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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