IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100022412 


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 change of the type of separation, reentry (RE) code, and narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states he was recently taken off of the Temporary Disability Retired List (TDRL), and that his DD Form 214 states he is "retired" when in fact he is not.  This hinders him from obtaining certain employment.  His RE code is a "4," which bars him from military service even though he was found to be in good health.  He is requesting a change to blocks 23, 27, and 28 of his DD Form 214 because he is no longer retired and would like to have the option to pursue certain careers and not be barred from them.  

3.  He provides copies of:

* his DD Form 214
* a memorandum from the U.S. Army Physical Disability Agency (USAPDA), dated 13 September 2010, informing him of his removal from the TDRL
* orders removing him from the TDRL
* doctor's notes from a Report of TDRL

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 26 January 2002.  He enlisted in the Regular Army on 14 April 2004.  
2.  On 6 February 2008, a Physical Evaluation Board (PEB) found him unfit due to post-traumatic stress disorder and recommended he be placed on the TDRL with a 30 percent disability rating and reexamined during August 2009.  He concurred with the PEB and waived a formal hearing of his case.  On 25 February 2008, the PEB recommendation was approved.

3.  On 9 April 2008, the USAPDA informed him his PEB proceedings had been corrected, but that the correction resulted in no change to his overall rating or disposition.  

4.  Orders 057-0607, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, KY, on 26 February 2008, placed him on the TDRL effective 26 May 2008.  

5.  His DD Form 214 shows he was honorably retired on 25 May 2008.  The form shows in:

* item 23 (Type of Separation) - Retirement
* item 25 (Separation Authority) - Army Regulation 635-40, paragraph 4-24b(2)
* item 26 (Separation Code) - SFK
* item 27 (Reentry Code) - 4
* item 28 (Narrative Reason for Separation) - Disability, temporary 

6.  On 8 August 2010, a PEB determined his condition had not improved to the extent that he was fit for duty and recommended he be removed from the TDRL, given a disability rating of 0 percent, and be given severance pay.  The PEB's recommendations were approved on 13 September 2010.  

7.  He provides a copy of Orders D256-13, issued by the USAPDA on 13 September 2010, showing, effective the date of the orders, he was removed from the TDRL and discharged from the service because of permanent physical disability.  The orders show he was given a disability rating of 0 percent and that he was entitled to severance pay.  

8.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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 and provides for disposition of the Soldier according to applicable laws and regulations.  A member of the Army found to be unfit to perform the duties of his or her office, grade, rank, or rating by reason of physical disability will be eligible for disability evaluation processing and disposition.  Options for disposition include discharge, discharge with severance pay, temporary retirement, or permanent retirement.
9.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty) and states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation states item 23 will show the appropriate term describing the type of separation.

10.  Entries for items 26 and 27 of the DD Form 214 are taken from Army Regulation 635-5-1 (Separation Program Designator Codes).  The "SFK" SPD code is the correct code for Soldiers separated under Army Regulation 635–40, paragraph 4–24b(2).  The regulation shows the narrative reason for this type of separation is "Disability, Temporary." 

11.  The entry for item 27 of the DD Form 214 is taken from the SPD/RE Code Cross-Reference Table.  The table shows the SPD code "SFK" has a corresponding RE code of "4."

12.  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 4 applies to individuals separated from last period of service with a nonwaivable disqualification.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for a change of the type of separation, RE code, and narrative reason for separation shown on his DD Form 214.  

2.  He was placed on the TDRL for an unfitting condition.  The type of separation, RE code, and narrative reason for separation shown on his DD Form 214 accurately reflect the circumstances of his release from active duty.  His removal from the TDRL with severance pay in 2010 is properly documented in orders.    

3.  In view of the foregoing, there is no basis for granting the requested 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)                                         AR20100022412





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ABCMR Record of Proceedings (cont)                                         AR20100022412



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