IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100023004


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 an upgrade of his reentry (RE) code from a 3 to 1.
  
2.  The applicant states, in effect, he would like his RE code upgraded.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Progress Notes from Hampton Veterans Affairs Medical Center (VAMC)
* 4 third-party letters of support
* 3 X-ray images

CONSIDERATION OF EVIDENCE:

1.  On 4 January 2007, the applicant enlisted in the Regular Army (RA), in the rank of private first class (PFC).  He completed training and he was awarded military occupational specialty (MOS) 21B (Combat Engineer).  The highest rank/pay grade he attained while serving on active duty was PFC/E-3.

2.  On 22 February 2008, he injured his ankle and was diagnosed with left ankle pain following an ankle strain.  On 17 April 2008, he was given a temporary profile and became non-deployable.  

3.  On 28 January 2009, a physical evaluation board (PEB) found him physically unfit for duty due to left ankle pain following an ankle strain.  The PEB stated he was unable to perform basic Soldier functions, and recommended a disability rating of 10 percent and separation with severance pay if otherwise qualified.  On 9 February 2009, he concurred with the findings and recommendation of the PEB.  The findings and recommendation of the PEB were approved on 13 February 2009.

4.  On 27 April 2009, he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4.  His narrative reason for separation was Disability, Severance Pay, Non-Combat Related.  His DD Form 214 shows he completed   2 years, 3 months, and 24 days of net active service during this period of active duty.  This form also shows in:

* Item 26 (Separation Code) "JFO"
* Item 27 (Reentry Code) "3"

5.  He submitted:

* Progress notes from Hampton VAMC, which states he has fully recovered from his 2008 ankle injury
* 4 third-party letters of support, which testify to his maturity, positive attitude, and physical abilities
* 3 X-ray images, submitted without a competent medical authority's summary

6.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-1 includes a list of the RA RE codes:

   a. 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.

   b. 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.

7.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA 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.  This chapter includes a list of Armed Forces reentry codes, including RA RE codes.  Chapter 3-10 also provides that RE codes may be changed only if they are determined to be administratively incorrect.

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.  At the time, the SPD code JFL was the correct code for Soldiers separating with a narrative reason for separation of Disability, Severance Pay, under the provisions of Army Regulation 635-40, chapter 4.

9.  The SPD/RE Code Cross Reference Table, dated 31 March 2005, provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The SPD code JFL has a corresponding RE code 3.

10.  ALARACT (All Army Activities) Message 147/2008, dated 13 June 2008,
Subject:  Implementation of new SPD codes for the disability-related provisions of NDAA (National Defense Authorization Act) 2008 and the DES (Disability Evaluation System) Pilot Program implements new SPD codes for the disability related provisions of the FY 2008 NDAA and the DES Pilot Program.  It was directed that SPD Codes JFI and JFO replace the SPD Codes JEA and JFL.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his RE code from a 3 to 1 has been carefully considered; however, there is insufficient evidence to support his request.

2.  At the time of his discharge, he received an SPD code of JFO and an RE code of 3.  The SPD code of JFO, which replaced the SPD code of JFL, was the appropriate code for Soldiers separating under the provisions of Army Regulation 635-40, chapter 4, based on the guidance provided in ALARACT Message 147/2008, dated 13 June 2008.  The SPD code of JFL had a corresponding 
RE code of 3; therefore, the SPD code of JFO has a corresponding RE code 
of 3.  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 separated due to physical disability.  The underlying reason for his discharge was his medical disability.  The only valid narrative reason for separation permitted is "Disability, Severance Pay, Non-Combat Related" and the appropriate RE code associated with this discharge is RE-3, which is correctly shown on his DD Form 214.  

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and must process enlistment waivers for the applicant’s 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)                                         AR20090000724



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ABCMR Record of Proceedings (cont)                                         AR20100023004



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