BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20100000122
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 a change of the reentry eligibility (RE) code on his
DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states
a. He wants to enlist in the Army and cannot do so with RE code 3 on his DD Form 214.
b. He was discharged due to a disability; however his RE code is for a condition, not a disability.
c. He cannot enlist, but because of a service injury he is unable to obtain any type of gainful civilian employment.
3. The applicant provides
* a memorandum requesting issue of a DD Form 215 (Correction to
DD Form 214)
* copies of two DD Forms 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 8 September 1998, he was honorably released from active duty on 7 September 2001 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason of completion of required active service, and he was transferred to an Army National Guard (ARNG) unit. The applicant enlisted in the RA on 17 November 2005 and he was honorably discharged on 29 March 2007 under the provisions of Army Regulation 625-200, by reason of a condition, not a disability. He served a total of 4 years, 4 months, and 13 days of active military service.
2. The specific facts and circumstances surrounding the applicant's discharge processing are not available for review. The evidence includes a properly constituted DD Form 214 signed by the applicant at the time of his discharge on 29 March 2007. This document shows the following:
* in item 25 (Separation Authority), Army Regulation 635-200, paragraph
5-17 [Other designated physical or mental conditions]
* in Item 26 (Separation Code), JFV
* in item 27 (Reentry Code), 3
* in item 28 (Narrative Reason for Separation), condition, not a disability
3. Army Regulation 635-200, paragraph 5-17, states 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. 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.
4. Army Regulation 601-210 (Regular and Reserve Components Enlistment Program) states prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or reason for discharge. These codes are not to be considered derogatory in nature; they are simply codes used for identification of an enlistment processing procedure. RE code 3 applies to individuals who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
5. Army Regulation 635-5-1 (Separation Program Designator Codes) states the separation program designator (SPD) codes are three-character alphabetic combinations, which identify reasons for and types of separation from active duty. The "JFV" SPD code (condition, not a disability) is the correct code for Soldiers separated under Army Regulation 635-200, paragraph 5-17.
6. The SPD/Reentry (RE) Code Cross-Reference Table, dated 15 June 2006, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross-reference table shows the SPD codes and corresponding RE codes. The SPD code "JFV" has a corresponding
RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change the RE code on his DD Form 214 was carefully considered but is not supported by the evidence.
2. The RE code on the applicant's DD Form 214 was assigned based on the fact that he was discharged for a condition, not a disability. The RE code associated with this type of discharge is RE-3. The RE code on the applicant's DD Form 214 is correct. In the absence of evidence to the contrary, it is presumed he was not separated for a disability.
3. The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.
4. 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, he is not entitled to 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) AR20100000122
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100000122
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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