IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100025129 


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, in effect, correction of his reentry eligibility (RE) code of "4" to a more favorable code so he may reenter the Army.

2.  The applicant states he was permanently retired due to problems with his feet. His feet are okay now and he would like to reenter the Army. 

3.  The applicant provides his Department of Veterans Affairs (VA) Radiology Reports and a VA Security Prescription Form. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army (RA) on 15 April 2005 and held military occupational specialty (MOS) 11B (Infantryman).  On 
6 June 2008, he reenlisted and attained the rank/grade of sergeant (SGT)/E-5.  He was assigned to Schofield Barracks, HI.

2.  His records show he served in Afghanistan from 26 February 2006 to 28 June 2006 and from 14 November 2006 to 22 May 2007. 

3.  On 21 October 2009, an informal physical evaluation board (PEB) convened at Fort Lewis, WA, and found the applicant physically unfit due to bilateral foot pain, scarring and loss of flexibility, status post multiple surgeries left.  The PEB granted the applicant a 30% percent disability rating and recommended that he be permanently retired.  The applicant concurred with the PEB's findings and recommendation and waived his right to a formal hearing.
4.  On 28 January 2010, he was honorably retired from the Army and he was placed on the retired list in his retired rank/grade of SGT/E-5.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was retired in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24B(1), by reason of permanent disability.  This form also shows he completed 4 years, 9 months, and 14 days of creditable military service.  Item 26 (Separation Code) shows the entry "SFJ" and item 27 (Reentry Code) shows the entry "4."

5.  He provides his VA Radiology Reports, dated between March and August 2010, and a VA Security Prescription Form, dated 25 August 2010, which states "In respect condition of both feet there is no contradiction to military service."

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 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.  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.

   c.  RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification.

7.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The "SFJ" separation code is the correct code for Soldiers separating under paragraph 4-24B(1) of Army Regulation 635-40 for permanent disability.




8.  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 "SFJ" has a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s retirement was based on the fact that he underwent a PEB that found him physically unfit to perform the duties of his grade and specialty and the PEB recommended that he be permanently retired.  At the time of retirement, he was assigned a separation code of SFJ and an RE code of "4."  The assigned SPD code of SFJ was the appropriate code 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(1).  Furthermore, such a separation 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.

2.  His RE code was assigned based on the fact that he was retired due to physical disability.  The underlying reason for his discharge was his medical disability that resulted in permanent retirement.  The only valid narrative reason for separation permitted under that paragraph is "Retirement" and the appropriate RE code associated with this discharge an RE code of "4," which is correctly shown on his DD Form 214.

3.  In view of the foregoing evidence, he is not entitled to 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)                                         AR20100025129



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ABCMR Record of Proceedings (cont)                                         AR20100025129



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