IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100025654 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow him to reenter the military.

2.  The applicant states that because he was having back pain while in the military he could not wear his Interceptor Body Armor (IBA) or even do group exercises.  He states that he was given an honorable discharge with a 10 percent (%) disability rating percentage with severance pay.  He adds that he is unable to reenter the military and believes that is not fair to him because it means since he is "disabled" he cannot serve in the military anymore.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 February 2004.  He completed initial entry training and he was awarded military occupational specialty 92Y (unit supply specialist).  The highest rank/grade he attained was sergeant (SGT)/E-5.

2.  His DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows a PEB convened on 11 August 2009 and he was determined to suffer from low back pain without specific injury evaluated analogous to lumbosacral strain in 


accordance with the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD).  The PEB indicates he began having symptoms in 2004 which had increased, limiting his duty performance to include no IBA/Combat load or lifting more than 30 pounds which was unfitting for a supply sergeant.  The form further indicated his functional limitations in maintaining the appropriate level of stamina, caused by the physical impairments recorded above, made him medically unfit to perform the duties required of a Soldier of his rank and primary specialty.

3.  The PEB found him physically unfit and awarded him a physical disability rating of 10%.  The PEB recommended the applicant be separated with severance pay, if otherwise qualified.

4.  He concurred with the PEB's findings and recommendations and waived his right to a formal hearing.  A counselor explained to him the results of the PEB findings and recommendations.

5.  Accordingly, on 2 October 2009, he was honorably 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 related, in the rank/grade of SGT/E-5.  He completed 5 years,
7 months, and 7 days of creditable active service.  He was assigned a separation program designator (SPD) code of JFO and an RE code of "3."

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon discharge or release from active military service or control of the Army.  It 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.

7.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code JFL is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, by reason of disability, severance pay.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFL.


8.  All Army Activities (ALARACT) Message 147/2008, dated 13 June 2008, states the SPD code of JFO denotes disability, severance pay under the provisions of Army Regulation 635-40, chapter 4 (non-combat related).  It further prescribes that SPD Code JFO will replace JFL.

9.  Pertinent Army regulations state 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 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve (USAR).  Table 3-1 included 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.

DISCUSSION AND CONCLUSIONS:

1.  A PEB found the applicant's medical and physical impairment prevented reasonable performance of duties required by his grade and military specialty.  He was found unfit and awarded a 10% disability rating percentage with severance pay.  He was informed of the findings and recommendations and he concurred.

2.  Since SPD Code JFO replaced SPD Code JFL the appropriate RE Code for JFO is RE-3.

3.  While he contends his being unable to reenter the military is unfair to him, he has provided no evidence to show his SPD code was assigned in error or unjust.  Records show his SPD code was administratively correct and in conformance with applicable regulations at the time of his discharge.

4.  While it is commendable that he desires to serve in the military again, there is no basis for granting his request.

5.  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 are responsible for processing RE code waivers.

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)                                         AR20100025654



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ABCMR Record of Proceedings (cont)                                         AR20100025654



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