IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20110000240 


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 a change to his reentry eligibility (RE) code from RE-4 to a more favorable code so he may reenter the Army.

2.  The applicant states he was found permanently disabled in 2008.  He retired with a 40-percent disability rating from the Army and he also received a 
60-percent service-connected disability rating from the Department of Veterans Affairs (VA).  He was assigned RE code "4."  However, he is now healthy and has been determined by his civilian doctor as fit.  His doctor recommended he reenter the Army.  He has passed a flight physical through the Army National Guard and a selection board to become an aviation warrant officer.  He is willing to waive his VA benefits to rejoin the Army.

3.  The applicant provides the following documents:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* medical documents

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 27 March 2000 and held military occupational specialty 19D (Cavalry Scout).  He executed a 5-year reenlistment on 17 October 2005 and he attained the rank/grade of staff sergeant (SSG)/E-6.

2.  On 10 March 2008, a medical evaluation board (MEB) convened at Fort Bragg, NC, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found he was diagnosed as having the medically-unacceptable conditions of chronic cervical pain, chronic thoracolumbar pain, chronic right knee pain, and mixed vascular headaches and migraines.  The MEB recommended he be referred to a physical evaluation board (PEB).  He agreed with the MEB's findings and recommendation and indicated he did not desire to continue on active duty.

3.  On 5 May 2008, an informal PEB convened in Washington, DC, and found he was physically unfit due to chronic neck pain, chronic knee pain, chronic low back pain, and chronic mixed vascular headache.  The PEB rated him with a 
40-percent disability rating and recommended he be permanently retired.  The applicant concurred with the PEB's findings and recommendation and waived his right to a formal hearing of his case.

4.  On 14 August 2008, he was honorably retired from the Army and he was placed on the Retired List in the rank/grade of SSG/E-6.  His DD Form 214 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 8 years, 8 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 submitted two medical documents, dated 27 September and 1 December 2010, in relation to his medical conditions.  His doctors described him as healthy, fit, and with no reason not to reenter 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 Active Army, Army National Guard, and U.S. Army 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 prescribes basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces reentry codes.  Table 3-1 includes a list of Regular Army RE codes:

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

7.  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.  The SPD "SFJ" 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" had a corresponding RE code of "4."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be changed from RE-4 so he may reenter the Army.

2.  The applicant underwent a PEB that found him physically unfit to perform duties in his grade and specialty and recommended his permanent retirement.  At the time of his retirement, he received a separation code of "SFJ" and an RE code of "4."  The SPD code "SFJ" was the appropriate code for the applicant 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 discharge 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.

3.  The applicant's RE code was assigned based on his separation due to physical disability.  The underlying reason for his discharge at the time was his medical disability that resulted in his permanent retirement.  The appropriate RE code associated with this type of discharge is RE-4 which is correctly shown on his DD Form 214.


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 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)                                         AR20110000240



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ABCMR Record of Proceedings (cont)                                         AR20110000240



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