IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110009913
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 that his reentry eligibility (RE) code be changed from RE code 3 to RE code 2 or 1.
2. The applicant states he passed the physical examination at the Military Entrance Processing Station on 30 April 2010 and was also cleared for military duty by a surgeon at Walter Reed Army Medical Center on 6 May 2010.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) and service medical records.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 1 September 2005 and was awarded military occupational specialty 89B (Ammunition Specialist) upon completion of initial entry training.
3. Headquarters, I Corps and Fort Lewis Military Personnel Division, Fort Lewis, WA, Orders Number 162-0012, dated 11 June 2007, directed his discharge from the Regular Army under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to a disability with entitlement to severance pay.
4. On 28 July 2007, he was discharged accordingly. Item 26 (Separation Code) of his DD Form 214 shows the entry "JFL." Item 27 (Reentry Code) shows he was assigned an RE code of "3" and item 28 (Narrative Reason for Separation) shows the entry "Disability, Severance Pay."
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. This 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 and includes a list of Armed Forces RE codes, including Regular Army RE codes, and states:
* RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable
* RE-2 was discontinued effective 28 February 1995
* RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, provided all other qualifications are met
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214. It provides that when a Soldier's narrative reason for separation is "Disability, Severance Pay," a separation code of "JFL" will be entered in item 26 of the DD Form 214.
7. The SPD/RE Code Cross Reference Table states that when the SPD code is "JFL" the RE code of 3 will be assigned.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for his RE code of 3 to be changed to an RE code of
2 or 1 has been carefully considered.
2. He was assigned an SPD code of "JFL" indicating he was discharged due to a disability with entitlement to severance pay. Therefore, the RE code of 3 was correctly entered on his separation document in accordance with governing regulations. His desire to continue in the service of his country is noted; however, there are no provisions authorizing the change of an RE code for this purpose.
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) AR20110009913
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ABCMR Record of Proceedings (cont) AR20110009913
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