IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100022411 


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, through his Member of Congress, an upgrade of his reentry (RE) code from RE-4 to a more favorable code so he may reenter the Army.

2.  The applicant states the RE code is preventing him from reentering military service.  He was stationed at Schofield Barracks, HI and getting ready for deployment when he received an injury that led to a physical evaluation board (PEB) which placed him on the temporary disability retired list (TDRL).  He was reexamined and ultimately permanently retired.  However, since his retirement, he has regained his strength, improved his fitness, and believes he is in good physical condition.  His goal is to reenter military service and serve his country.

3.  The applicant provides:

* a self-authored letter
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter from a medical doctor from the Harry S. Truman Veterans Hospital, Columbia, MO, dated 18 August 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army on 15 September 2006 and he held military occupational specialty (MOS) 62B 

(Construction Equipment Repairer).  The highest rank/grade he attained was private first class (PFC)/E-3.  He was assigned to Schofield Barracks, HI.

2.  On 8 Aril 2008, an informal PEB convened at Fort Lewis, WA, and found him physically unfit due to left (non-dominant) brachial plexus injury resulting in severe incomplete paralysis and loss of use of left hand.  The PEB rated the applicant with a 60 percent (%) disability rating percentage and recommended his placement on the TDRL with reexamination in October 2009.  The applicant concurred with the PEB's findings and recommendation and waived his right to a formal hearing of his case.

3.  On 17 July 2008, he was honorably retired from the Army and he was placed on the TDRL in his retired rank/grade of PFC/E-3.  His DD Form 214 shows he was retired in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), by reason of temporary disability.  This form also shows he completed 1 year, 10 months, and 3 days of creditable active service.  Item 26 (Separation Code) shows the entry "SFX" and item 27 (Reentry Code) shows the entry "4."

4.  On 14 January 2010, a TDRL PEB convened at Fort Lewis, WA.  The PEB found his condition had not improved to the extent that he was fit for duty.  However, his condition had stabilized to a degree that equaled 30% and thus warranted his permanent retirement.  He concurred with the findings and recommendation.

5.  On 4 February 2010, the U.S. Army Physical Disability Agency (USAPDA), Washington, DC, published Orders D035-53, administratively removing him from the TDRL, effective 4 February 2010, and permanently retiring him for disability.

6.  He provides a letter from a VA hospital medical doctor who states that the applicant has regained normal range of motion of all joints in the left upper extremity and he could be released to participate in full activity required by the military.

7.  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 Reserve.  The regulation provides 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.  Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment.  Table 3-1 includes a list of the RA RE codes, and states:
* 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
* 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
* RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification

8.  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 SPD code of "SFK" is the correct code for Soldiers separating under Army Regulation 635-40,
paragraph 4-24b(2), for temporary disability.

9.  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 code and a corresponding RE code.  The table in effect at the time of his discharge shows the SPD code of "SFK" has a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be upgraded from RE-4 to a more favorable code so he may reenter the Army.

2.  The applicant’s retirement was based on the fact that he underwent a PEB that found him physically unfit to perform duties in his grade and specialty and recommended placing him on the TDRL.  At the time of his retirement and placement on the TDRL, he received a separation code of SFK and an RE code of "4."  The SPD code of SFK was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-40, paragraph 4-24B(2).  Furthermore, such a discharge carries a reentry code of RE-4.  The SPD and RE codes entered on his DD Form 214 are consistent with the reason and authority for discharge.

3.  His RE code was assigned based on the fact that he was retired due to his physical disability.  The underlying reason for his discharge was his medical disability that resulted in his disability retirement.  The only valid type of separation permitted under that paragraph is "Retirement” and the appropriate 

reason of temporary disability.  The RE code associated with this type and reason for separation is RE-4, which is correctly shown on his DD Form 214.

4.  His desire to reenter military service and serve his country is admirable; however, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100022411



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ABCMR Record of Proceedings (cont)                                         AR20100022411



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