BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000295 


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 eligibility (RE) code of RE-3 be upgraded.

2.  The applicant states she is no longer having problems with her injury that resulted in her being discharged.

3.  The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 27 March 2009 and five pages from her medical records from the 42nd Medical Group Yellow Family Practice Clinic.

CONSIDERATION OF EVIDENCE:

1.  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.  She completed basic combat training and advanced individual training and was awarded military occupational specialty 92Y (Unit Supply Specialist).

2.  The applicant served in Iraq during the period 25 May 2008 to 17 August 2008.

3.  On 2 February 2009, a physical evaluation board (PEB) found the applicant physically unfit for duty due to bilateral chondromalacia patellae (pain over the front of the knee with softening of the articular cartilage of the patella).  The PEB determined she was unfit because the rigors of military service would continue to aggravate her condition.  The PEB stated she was unable to tolerate the pain in her knees.  The PEB recommended a combined disability rating of 20 percent and that she be separated with severance pay if otherwise qualified.  On 12 February 2009, the applicant concurred with the findings and recommendation of the PEB.  The findings and recommendation of the PEB were approved on 23 February 2009.

4.  On 27 March 2009, the applicant was discharged by reason of combat-related disability with severance pay.  She had completed 2 years, 9 months, and 8 days of active service that was characterized as honorable.  She was assigned the separation program designator (SPD) code JFI and the RE code RE-3.

5.  The medical records submitted by the applicant show she reported to the 42nd Medical Group Yellow Family Practice Clinic on 21 and 27 October 2009 to have her knee evaluated.  She reported she had no pain and she was able to run and walk without difficulty.  A final disposition or determination was not shown on either date of treatment.

6.  A Pentagon Telecommunication Center message, dated 13 June 2008, sent on behalf of U.S. Army Human Resources Command, implemented new SPD codes under the disability-related provisions of the National Defense Authorization Act of 2008.  The message stated a Department of Defense memorandum, dated 13 March 2008, directed the implantation of four new SPD codes pertaining to the rating of conditions and the calculation of disability severance pay.

* JFI - disability, severance pay, Army Regulation 635-40, chapter 4, combat related
* JFO - disability, severance pay, Army Regulation 635-40, chapter 4, non-combat related
* JFI and JFO will replace SPD code JFL - disability, severance pay

7.  The SPD/RE Code Cross-Reference Table, dated March 2006, shows the appropriate RE code for SPD code JFL is RE-3.

8.  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.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces RE codes.

9.  Table 3-1 (U.S. Army RE Codes) of Army Regulation 601-210 states that an RE-3 applies to individuals who are not considered fully qualified for reentry or continuous at the time of separation, but disqualification is waivable.  These individuals are ineligible for enlistment unless a waiver is granted.

10.  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 without disability for enlistment in any component of the U.S. Army will require a waiver.

11.  Title 10, U.S. Code, section 1203, provides for the physical disability separation with severance pay of a member who has less than 20 years of service and a disability rated at less than 30 percent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her RE code should be upgraded.

2.  RE codes are assigned based on an individual's service record or the reason for discharge.  The applicant was discharged from her last period of service for medical reasons.  Therefore, a waiver is required to enlist her in any component of the U.S. Army.  She was assigned RE code RE-3 because she was not eligible for reenlistment at the time of her discharge.

3.  The applicant was assigned SPD code JFI which recently replaced SPD code JFL.  According to the SPD/RE Code Cross-Reference Table, the appropriate RE code for SPD code JFL is RE-3.  Therefore, it is reasonable to conclude the appropriate RE code for JFI is also RE-3.

4.  The medical records provided by the applicant were reviewed.  However, they do not provide conclusive evidence that her knee condition is cured or that military service will not aggravate the condition in the future.  If her condition has in fact improved, it does not constitute an error or injustice in the assignment of her RE code on the date of her discharge.

5.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

6.  The applicant is advised that although her RE-3 code was properly assigned, this does not mean that she is totally disqualified from returning to military service.  The disqualification upon which the RE-3 codes were based may be waived for enlistment purposes.  The applicant is advised that if she desires to enlist, she should contact a local recruiter who can best advise her on her eligibility for returning to military service.  These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for her RE code.

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)                                         AR20100000295



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)