IN THE CASE OF:	

		BOARD DATE:	  01 April 2010

		DOCKET NUMBER:  AR20090017097 


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 correction of his reentry eligibility (RE) code from an RE-3 to an RE-1.

2.  The applicant states that the RE code shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 May 2008 is not accurate and was listed by mistake.  He is in good physical condition.

3.  The applicant provides a copy of his DD Form 214; a copy of a memorandum from his New York Army National Guard (NYARNG) unit, subject: Conditional Release Request for (applicant's name and social security number), dated
20 July 2009; and a copy of an email from his former first sergeant (1SG), dated 22 July 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the NYARNG on 5 September 2006.  He subsequently entered active duty for training (ADT), completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  He was honorably released from ADT on 17 February 2007.  He was assigned to Battery B, 1st Battalion, 25th Field Artillery, Bronx, NY.



2.  On 17 December 2007, Office of the Adjutant General, NYARNG, published Orders 351-007, ordering him to active duty as a member of his Reserve unit in support of Operation Enduring Freedom (OEF) for a period of 400 days.  He entered active duty on 17 January 2008 and reported to Fort Bragg, NC.

3.  The facts and circumstances surrounding his release from active duty are not available for review; however, his records contain the following documents:

	a.  Orders 119-0283, issued by Headquarters, U.S. Army Garrison, Fort Bragg, NC, releasing him from active duty.

	b.  A properly-constituted DD Form 214 shows that on 10 May 2008, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-17, by reason of a "condition - not a disability" and transferred to his NYARNG unit.  This form further confirms he completed
3 months and 24 days of creditable active military service this period.  Item 26 (Separation Code) of this form shows the entry "LFV" and item 27 (Reentry Code) shows entry "RE-3."

4.  On 20 July 2009, by memorandum, his battalion adjutant issued him a conditional release from the ARNG for the purpose of enlisting in the Regular Army.  His adjutant also remarked that he had no documented medical records or conditions that would have warranted an RE-3.  He was within the height and weight standards and had a current physical fitness test on file.  He also recommended removal of the RE-3 code.

5.  On 21 July 2009, by email, his former company 1SG stated that he had exhausted all means trying to obtain medical reasons that led to his release from active duty.  He added that his unit at the time had nothing to do with his RE code and that he (the applicant) had taken a physical examination in July 2009 and was physically qualified.

6.  On 4 September 2009, he was honorably discharged from the ARNG and reassigned to the U.S. Army Reserve (USAR) Control Group (Annual Training).

7.  On 4 February 2010, he executed a 6-year enlistment in the USAR.

8.  Army Regulation 635-200, paragraph 5-17 states, in pertinent part, that commanders who are special court-martial convening authorities may approve separation under this paragraph on the basis of other physical or mental 


conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  Examples of such conditions include sleepwalking and claustrophobia.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.  Members may be separated for physical or mental conditions not amounting to disability, which includes those members suffering from a disorder manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.  Members separated under this provision of the regulation will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.

9.  Army Regulation 635-200 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.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 included a list of the Regular Army RE codes.  An RE-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-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted.

10.  Army Regulation 635-5-1 (Separation Program Designator (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.  The "LFV" SPD code is the correct code for Soldiers being released from active duty or transferred under the authority of Army Regulation 635-200, paragraph 5-17.

11.  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/RE code and a corresponding SPD/RE code.  The SPD code of "LFV" has a corresponding RE code of "3."





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE-3 code should be upgraded to RE-1 so he may enlist in the RA.

2.  The facts and circumstances surrounding his release from active duty are not available for review with this case.  However, his records contain a properly-constituted DD Form 214 that shows he was released from active duty in accordance with Army Regulation 635-200, paragraph 5-17.

3.  His RE code was assigned based on the fact that he was released from active duty under the provisions of Army Regulation 635-200, paragraph 5-17, due to a medical condition - not a disability.  Absent this condition, there was no fundamental reason to process the applicant for separation.  Therefore, the only valid narrative reason for separation permitted under this paragraph is "Condition - Not a Disability" and the appropriate RE code associated with this discharge is RE-3.

4.  The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that if he desires to enlist in the RA, he should contact a local recruiter or a career counselor who can best advise him on his eligibility for enlisting in the RA.

5.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant him relief.

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)                                         AR20090017097



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ABCMR Record of Proceedings (cont)                                         AR20090017097



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