IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090016875
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 of 4 be changed to an RE code of 3.
2. The applicant states she is trying to join the Reserve and she believes her RE code should be changed based on her assigned separation program designator (SPD) code of "JBL."
3. The applicant provides no additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows:
a. creditable service in the Regular Army from 21 April 1992 through 6 April 1995, a total of 2 years, 11 months, and 16 days;
b. she was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of "physical disability with severance pay"; and
c. she was assigned an SPD code of "JFL" and an RE code of 4.
3. Army Regulation 635-5-1 (SPD Codes) states that the 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 the 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 the provisions of Army Regulation 635-40 by reason of physical disability with severance pay.
4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross reference table shows the SPD code and corresponding
RE code. The SPD code of "JFL" has a corresponding RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that she be assigned an RE code of 3, based on her assigned SPD code of "JBL."
2. The applicant was discharged by reason of physical disability with severance pay. The appropriate SPD code is "JFL" and the corresponding RE code is 3. The applicant's DD Form 214 is incorrect.
3. There is no SPD code "JBL."
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 the RE Code on her DD Form 214 from RE-4 to RE-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) AR20090016875
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090016875
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090008597
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. The SPD/RE Code Cross-Reference Table indicates that a RE Code of 3 will be applied when the separation code is "JFL." 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...
ARMY | BCMR | CY2009 | 20090002024
The PEB recommended that the applicant be separated with entitlement to severance pay if otherwise qualified. Army Regulation 635-40 establishes the Army PDES and 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. The "JFL" SPD code is the correct code for Soldiers separating under paragraph 4-24b(3) of Army Regulation 635-200...
ARMY | BCMR | CY2004 | 20040002024
The PEB recommended that the applicant be separated with entitlement to severance pay if otherwise qualified. Army Regulation 635-40 establishes the Army PDES and 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. The "JFL" SPD code is the correct code for Soldiers separating under paragraph 4-24b(3) of Army Regulation 635-200...
ARMY | BCMR | CY2011 | 20110004494
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct: * Separation Code * Reentry (RE) Code * Period of inactive duty * Period in the Delayed Entry Program 2. The regulation provides 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. The SPD code of "JFL" was the appropriate code for the applicant based on the guidance...
ARMY | BCMR | CY2010 | 20100000295
The applicant's military personnel records show she enlisted in the Regular Army on 20 June 2006 for a period of 5 years and 19 weeks. Pertinent Army regulations stated 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. Paragraph 4-5 of Army Regulation 601-210 states that any applicant who was last separated or discharged from any component of the U.S. Army for medical reasons with or...
ARMY | BCMR | CY2010 | 20100023448
The applicant states her discharge is correct, but the RE code is incorrect. The evidence of record shows that when the SPD is "JFL," the Soldier's RE code should be "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.
ARMY | BCMR | CY2010 | 20100030537
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-200 further states 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. ___________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.
ARMY | BCMR | CY2013 | 20130010442
The applicant requests amendment of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow her to enlist in the Air National Guard. The applicant states she is an Army veteran who served 7 years and 6 months of active duty service. The applicant's DD Form 214 shows: a. she was discharged on 3 May 2000; b. her character of service was honorable; c. the authority and reason for her discharge was Army Regulation 635-40...
ARMY | BCMR | CY2010 | 20100008257
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. The "JFL" SPD code is the correct code for Soldiers separating (involuntarily) under chapter 4 of Army Regulation 635-40 by reason of disability. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his RE code from 4 to 3.
ARMY | DRB | CY2013 | AR20130007216
The applicant requests an upgrade of her uncharacterized discharge to honorable and a change to the narrative reason for the discharge. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or...