IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20100030537 


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 eligibility (RE) code to reenter military service. 

2.  He states he is not physically unfit for duty. 

3.  He provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* medical documentation from the Wichita Veterans Affairs Medical Center (VAMC)
* a City of Wichita Police Officer Physical Fitness Test Packet

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army (RA) on
4 November 2004.  After his completion of training, he served in military occupational specialty 14J (Air Defense Command, Control, Communications, Computers and Intelligence Tactical Operations Center Enhanced Operator/
Maintainer).

2.  The facts and circumstances leading up to his previously diagnosed medical condition are not in the available record.


3.  On 20 November 2007, an informal physical evaluation board (PEB) convened and found him physically unfit for duty and indicated the following:

	a.  He had lumbar degenerative disc disease that interfered with his performance of duty;

	b.  He had left wrist dislocation, forearm fracture, and bilateral patellar dislocation which was not unfitting and not rated;

	c.  His medical and physical impairment prevented reasonable performance of duties required by his  grade and military specialty; and

	d.  It recommended a combined disability rating of 10 percent (%) and separation with severance pay, if otherwise qualified.

4.  On 27 February 2008, he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), by reason of disability with severance pay.  His DD Form 214 shows he completed 3 years, 3 months, and 24 days of creditable active service.  This form also shows in:

* Item 26 (Separation Code) the entry "JFL"
* Item 27 (RE Code) the entry "3"

5.  His record contains a DD Form 215 (Correction to DD Form 214), dated
13 August 2008, that amended the following:

	a.  Item 18 (Remarks) to delete “Disability Severance Pay -- $11,637.00” and added “Disability Severance Pay -- $11,694.60”; and

	b.  Item 26 to deleted “JFL” and added “JFO.”

6.  On 4 March 2009, the previously-published PEB proceedings were revised.  This document noted an administrative correction reflected a change in item 8b (Disability Description) and an addition of item 10d (Disability was not incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense (National Defense Authorization Act 2008, Section 1646)).

7.  The medical record from the Wichita VAMC, dated 24 November 2010, shows he was medically evaluated to attend the police academy.  The attending physician noted that the applicant would be able to perform the duties of a police officer without any restrictions.
8.  He submitted a copy of a City of Wichita, Police Officer Physical Fitness Test packet.  This form was authenticated on 24 November 2010, by a licensed physician or physician's assistant familiar with the applicant's medical condition.  This person found the applicant physically able to take part in a strenuous fitness test.

9.  Army Regulation 635-5-1 (Separation Program Designator (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 JFO is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, chapter 4, by reason of disability, severance pay, non-combat related.  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 JFO.

10.  Army Regulation 635-200 further states 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 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 for enlistment unless a waiver is granted.

DISCUSSION AND CONCLUSIONS:

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

2.  At the time of his discharge, he received an SPD code of JFL 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.  Accordingly, he was issued a DD Form 215, to reflect the appropriate SPD code.

3.  His RE code was assigned based on the fact that he was separated due to physical disability with severance pay.  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.  Just because the Wichita VAMC found him physically fit to participate in a strenuous fitness test for entry in the Wichita Police Academy does not change the fact that at the time of his discharge from active duty, he was found physically unfit by a PEB.  

5.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant's RE-3 code does not completely prevent him from reentering military service; however, he requires a waiver in order to qualify to do so.  Therefore, the applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise her 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 may process his RE code waiver.

6.  In view of the foregoing, 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)                                         AR20100030537



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ABCMR Record of Proceedings (cont)                                         AR20100030537



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