IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100020887
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 his separation code and reentry eligibility (RE) code be changed so he can reenlist.
2. The applicant states:
* with the economy the way it is civilian life is not working
* he has more good years to serve his country
* he has a valid claim to want to finish his time in the service
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 9 September 1997. He trained as an infantryman and turret mechanic and he served in Afghanistan and Iraq.
2. His DD Form 214 shows on 8 August 2007 he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), for disability with severance pay.
3. Item 25 (Separation Authority) of his DD Form 214 shows the entry "AR [Army Regulation] 635-40, PARA [paragraph] 4-24B(3). Item 26 (Separation Code) on his DD Form 214 shows the entry "JFL." Item 27 (Reentry Code) on his DD Form 214 shows the entry "3." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry "DISABILITY, SEVERANCE PAY.
4. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. Paragraph 4-24b(3) states that based upon the final decision of the U.S. Army Physical Disability Agency or the Army Physical Disability Appeal Board, the U. S. Total Army Personnel Command (currently known as the U.S. Army Human Resources Command) will issue retirement orders or other disposition instructions for separation for physical disability with severance pay.
5. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designator codes to be used for these stated reasons. The regulation states the reason for discharge based on separation code JFL is Disability, Severance Pay and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(3).
6. 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 enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
7. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
8. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
9. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated 15 June 2006, shows that when the SPD [Separation Program Designator] is "JFL" then an RE code of 3 will be given.
DISCUSSION AND CONCLUSIONS:
The applicants separation code and RE code were administratively correct and in conformance with applicable regulations at the time of his separation. There is an insufficient basis on which to grant his request to change his separation code or 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.
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