IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100023448
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 her reentry eligibility (RE) code.
2. The applicant states her discharge is correct, but the RE code is incorrect.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. She enlisted in the Regular Army on 6 July 1995. She completed training and was awarded military occupational specialty 31R (multichannel transmission systems operator/maintainer).
3. Her DD Form 214 shows she was honorably discharged on 14 March 1997 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), for disability with severance pay.
4. Item 25 (Separation Authority) of her DD Form 214 shows the entry "Army Regulation 635-40, paragraph 4-24b(3)." Item 26 (Separation Code) shows the entry "JFL." Item 27 (Reentry Code) shows the entry "4." Item 28 (Narrative Reason for Separation) shows the entry "disability, severance pay."
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation states the reason for discharge based on SPD code "JFL" is "disability, severance pay" and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(3).
6. Army Regulation 635-200 states that individuals will be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 includes a list of the Regular Army RE codes:
a. 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 for enlistment unless a waiver is granted.
b. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
7. The SPD Code/RE Code Cross Reference Table, dated 20 September 1993, shows that when the SPD is "JFL," an RE code of 3 will be given.
DISCUSSION AND CONCLUSIONS:
Her contention that her RE code is incorrect has merit. Item 27 of her DD Form 214 incorrectly shows the entry "4." The evidence of record shows that when the SPD is "JFL," the Soldier's RE code should be "3." Therefore, it would be appropriate to correct item 27 of her DD Form 214 to show the entry "3."
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the entry in item 27 of her DD Form 214 and replacing it with "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) AR20100023448
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023448
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110004494
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct: * Separation Code * Reentry (RE) Code * Period of inactive duty * Period in the Delayed Entry Program 2. 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. The SPD code of "JFL" was the appropriate code for the applicant based on the guidance...
ARMY | BCMR | CY2013 | 20130002429
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 issued to the applicant confirms she was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability with severance pay, non-combat (enhanced). Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for...
ARMY | BCMR | CY2013 | 20130010442
The applicant requests amendment of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow her to enlist in the Air National Guard. The applicant states she is an Army veteran who served 7 years and 6 months of active duty service. The applicant's DD Form 214 shows: a. she was discharged on 3 May 2000; b. her character of service was honorable; c. the authority and reason for her discharge was Army Regulation 635-40...
ARMY | BCMR | CY2009 | 20090008597
This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge. The SPD/RE Code Cross-Reference Table indicates that a RE Code of 3 will be applied when the separation code is "JFL." The applicant's separation code of "JFL" is consistent with the basis for her separation; however, the applicable regulation states, in pertinent part, that a RE code of "3" is appropriate when the...
ARMY | BCMR | CY2010 | 20100020887
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. 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. Chapter 3...
ARMY | BCMR | CY2009 | 20090002024
The PEB recommended that the applicant be separated with entitlement to severance pay if otherwise qualified. Army Regulation 635-40 establishes the Army PDES 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. The "JFL" SPD code is the correct code for Soldiers separating under paragraph 4-24b(3) of Army Regulation 635-200...
ARMY | BCMR | CY2004 | 20040002024
The PEB recommended that the applicant be separated with entitlement to severance pay if otherwise qualified. Army Regulation 635-40 establishes the Army PDES 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. The "JFL" SPD code is the correct code for Soldiers separating under paragraph 4-24b(3) of Army Regulation 635-200...
ARMY | BCMR | CY2010 | 20100029944
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his reentry eligibility (RE) code from 3 to 1. 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. The evidence of record confirms the applicant was discharged under the provisions of Army Regulation 635-40, paragraph 2-24b(3), by reason of...
ARMY | BCMR | CY2014 | 20140001673
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 20 October 2004 to show all appropriate codes in the "Special Additional Information section. He should be entitled to correction of his DD Form 214 to show he was honorably discharged, under the provisions of paragraph 4-24b(3) of Army Regulation 635-40 by reason of disability with entitlement to severance pay and with the appropriate or corresponding...
ARMY | BCMR | CY2009 | 20090010934
Army Regulation 635-200 (Personnel Separations) states, in pertinent part, 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 (Regular Army and Army Reserve Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR. The SPD code of JFL is the correct code for Soldiers separating...