BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008257


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 (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his service was honorable; therefore, he should not have an RE code of "4."  He adds he wants to join the Mississippi Army National Guard.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army for 4 years on 4 November 1988.  He was trained in, awarded, and served in military occupational specialty (MOS) 76J (Medical Supply Specialist).

3.  On 25 August 1992, the applicant received a permanent physical profile of
1-1-3-2-1-1 for bilateral hearing loss and bilateral patella tendonitis.

4.  On 15 September 1992, the applicant's commander recommended the applicant be evaluated for retention on active duty in his MOS.

5.  On 22 September 1992, the applicant went before an MOS/Medical Retention Board (MMRB).  The board reviewed the applicant's physical profile and recommended he go before a Medical Evaluation Board (MEB).

6.  An MEB Narrative Summary (NARSUM) evaluated the applicant for bilateral hearing loss, low back pain (LBP), and bilateral knee pain.  The MEB recommended the applicant go before a Physical Evaluation Board (PEB).  The applicant concurred, stating he no longer desired to remain on active duty.

7.  On 26 April 1993, an informal PEB was convened to consider the following disabling conditions:

* L5/S1 facet arthritis with trigger point
* Bilateral patellar tendinitis recalcitrant to conservative therapy X-rays within normal limits, normal knee exam, rating is essentially for pain

8.  The informal PEB found the applicant physically unfit for LBP (L5/S1 facet arthritis) with a disability rating of 10 percent (the hearing loss described by the MEB was not considered to be disabling and was not rated).  The PEB recommended separation with severance pay, if qualified.  The applicant concurred and waived a formal PEB.

9.  On 23 June 1993, the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), by reason of physical disability with severance pay of $9,132.00.  He was assigned a Separation [Program Designator] (SPD) code of "JFL" and an RE code of "4."

10.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System 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.  If a Soldier is found 
unfit because of physical disability, the regulation provides for disposition of the Soldier according to applicable laws and regulations.  Paragraph 4-24b(3) of the regulation provides for separation for physical disability with severance pay.

11.  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 enlisting and processing into the RA and the eligibility for prior service applicants for enlistment.  That chapter includes a list of Armed Forces RE codes and RA RE codes.  Table 3-1 includes 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 US Army.  They are qualified for enlistment if all other criteria are met.  An RE-3 code applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.  However, those individuals are ineligible unless a waiver is granted.  An RE-4 code applies to Soldiers who are unqualified for reentry or continuous service and the disqualification is permanent.

12.  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 "JFL" SPD code is the correct code for Soldiers separating (involuntarily) under chapter 4 of Army Regulation 635-40 by reason of disability.  

13.  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, in effect at the time of the applicant's discharge, shows the SPD code of "JFL" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his RE code changed.

2.  The applicant's RE code of 4 is incorrect for his designated SPD code of "JFL."  The correct RE code is 3.



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 his RE code from 4 to 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)                                         AR20100008257



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)