IN THE CASE OF:	  

		BOARD DATE:	    20 December 2011

		DOCKET NUMBER:  AR20110008594 


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 the Separation Program Designator (SPD) and Reentry Eligibility (RE) codes that are shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).  She also requests a military occupational specialty (MOS) be entered on her DD Form 214.

2.  The applicant states the SPD code "SEK" is not listed and is unknown.  The RE code "4R" applies to an individual who retired for length of service with 15 or more years of active federal service and the disability is unwaiverable.

	a.  She sustained sexual trauma, was prescribed medication, and diagnosed with post-traumatic stress disorder.  After stopping the medication, she returned to her "regular old self, again."  She did not complete 15 years of service and plans on enlisting and attending flight school.  After researching the SPD and RE codes, she realized they could not be correct.

	b.  She asks, if the condition she has is so severe, why was she placed on the temporary disability retired list (TDRL) rather than being permanently retired?  She adds that she completed all of the requirements for her MOS.

3.  The applicant provides a copy of her DD Form 214.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR), Delayed Entry Program, on 11 December 2008.

2.  A DA Form 3286 (Statement for Enlistment, U.S. Army Enlistment Program, U.S. Army Delayed Enlistment Program), dated 11 December 2008, shows the applicant enlisted for the U.S. Army Training Enlistment Program for training in MOS 68W (Health Care Specialist).

3.  She enlisted in the Regular Army (RA) on 3 February 2009.

4.  A DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 8 April 2010, shows in item 5 (PMOS [Primary MOS]):  "68W1O."  It also shows the applicant was found physically unfit with a combined rating of 100 percent (%) and placed on the TDRL with reexamination scheduled during October 2011.  An attached Physical Disability Information Report, dated 8 April 2010, shows assignment of SPD Code "SEK."

5.  A review of the applicant's military personnel records failed to reveal orders or any other evidence showing award of a PMOS.

6.  The applicant's DD Form 214 shows she was honorably retired on 13 April 2010 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement or Separation), chapter 4 (Procedures), based on disability, temporary (enhanced).  She completed 1 year, 2 months, and 11 days of net active service.  It also shows in:

	a.  item 11 (Primary Specialty) the entry "None//Nothing Follows";

	b.  Item 12 (Record of Service), block h (Initial Entry Training) the entry
"1 year, 2 months, and 11 days";

	c.  item 26 (Separation Code) the entry "SEK"; and

	d.  item 27 (Reentry Code) the entry "4R."

7.  Army Regulation 635-5-1 (SPD Codes), updated as of 17 November 2009, 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 identifies SPD Code:

	a.  "SEK" for assignment to those retired under the provisions of Army Regulation 635-40, chapter 4, based on disability temporary (enhanced); and

	b.  "SFK" for assignment to those retired under the provisions of Army Regulation 635-40, chapter 4, based on disability temporary [prior to
17 November 2009].

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA, USAR, and Army National Guard.  Chapter 3, in pertinent part, prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

	a.  Table 3-1 (U.S. Army RE Codes) shows RE code "4R" applies to a person who retired for length of service with 15 or more years of active federal service and is ineligible for enlistment.

	b.  The SPD/RE Codes Cross Reference Table, updated 15 June 2006, shows RE code "4" as the proper RE code to assign to Soldiers with an SPD code of "SFK."  It does not show an RE code for SPD code "SEK."

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for:

		(1)  item 11, from the Enlisted Record Brief, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served (for time determination, 16 days or more count as a month; do not count basic training and advanced individual training);

		(2)  item 26, obtain the correct entry from Army Regulation 635–5–1, which provides the corresponding SPD code for the regulatory authority and reason for separation.


		(3)  item 27, Army Regulation 601-210 determines RA and USAR reentry eligibility and provides regulatory guidance on the RE codes.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant completed 1 year, 2 months, and 11 days of initial entry training and net active service.  However, there are no orders showing she was awarded an MOS.  It is reasonable to conclude that her attendance at both basic and advanced individual training would have accounted for more than
2 months and 11 days of training.  As such, even if the applicant was awarded an MOS, it is reasonable to presume that the applicant did not hold the MOS for at least 1 year as required by the applicable Army regulation governing entry of an MOS in item 11 of the DD Form 214.

2.  Records show the applicant was found physically unfit and placed on the TDRL on 13 April 2010 with reexamination scheduled during October 2011.

	a.  Records also show the appropriate new SPD code of "SEK" was correctly entered on the applicant's DD Form 214 based on the reason for her separation.

	b.  However, the evidence of record shows the RE code of "4R" that is entered on the applicant's DD Form 214 is inaccurate and that RE code "4" is the appropriate RE code based on the reason for her separation and assigned SPD code.  Therefore, it would be appropriate to correct item 27 of her DD Form 214 to reflect the proper RE code.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__ _  ___X_ __  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 


deleting from item 27 of her DD Form 214 the entry "4R" and replacing it with the entry "4."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains correcting her DD Form 214 to add an MOS and change her SPD code.



      _______ _  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)                                         AR20110008594



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ABCMR Record of Proceedings (cont)                                         AR20110008594



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