IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110014679
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 of 4 to allow him to reenter military service.
2. The applicant states he is seeking to come back in the service. He is
100 percent and can do his job to superb standards.
3. The applicant provides:
* Medical Evaluation Board (MEBD) packet
* Physical Evaluation Board (PEB) packet
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army on 29 April 2003. He completed basic combat and advanced individual training and was awarded military occupational specialty 92A (Automated Logistical Specialist).
2. He served in Iraq from 28 September 2006 to 19 December 2007.
3. On 13 April 2010, an informal PEB found him physically unfit due to bilateral hearing loss. The PEB stated this condition was unfitting because his inability to hear clearly affected his ability to effectively participate in conversations with other Soldiers which negatively impacted his ability to perform the mission rapidly without error in the judgment of his command.
4. The PEB recommended a combined disability rating of 0 percent and that he be separated with severance pay if otherwise qualified. On 19 April 2010, he concurred with the findings and recommendation of the PEB.
5. On 27 July 2010, he was discharged by reason of combat-related disability with severance pay. He had completed 7 years, 2 months, and 23 days of active service that was characterized as honorable. He was assigned the separation program designator (SPD) code JFI and RE code 4.
6. A Pentagon Telecommunication Center message, dated 13 June 2008, sent on behalf of U.S. Army Human Resources Command, implemented new SPD codes under the disability-related provisions of the National Defense Authorization Act of 2008. The message stated a Department of Defense memorandum, dated 13 March 2008, directed the implementation of four new SPD codes pertaining to the rating of conditions and the calculation of disability severance pay.
* JFI - disability, severance pay, Army Regulation 635-40, chapter 4, combat related
* JFO - disability, severance pay, Army Regulation 635-40, chapter 4, non-combat related
* JFI and JFO will replace SPD code JFL - disability, severance pay
7. The SPD/RE Code Cross-Reference Table, dated March 2006, shows the appropriate RE code for SPD code JFL is 3.
8. Pertinent Army regulations stated 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 and the Army Reserve. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces RE codes.
a. Table 3-1 (U.S. Army RE Codes) states that an RE-3 applies to individuals who are not considered fully qualified for reentry or continuous at the time of separation, but disqualification is waivable. These individuals are ineligible for enlistment unless a waiver is granted.
b. Paragraph 4-5 states that any applicant who was last separated or discharged from any component of the U.S. Army for medical reasons with or without disability for enlistment in any component of the U.S. Army will require a waiver.
DISCUSSION AND CONCLUSIONS:
1. He was discharged from his last period of service for medical reasons. Therefore, a waiver is required to enlist him in any component of the U.S. Army.
2. He was assigned SPD code JFI which recently replaced SPD code JFL. According to the SPD/RE Code Cross-Reference Table, the appropriate RE code for SPD code JFL is 3. Therefore, it is reasonable to conclude the appropriate RE code for JFI is also 3.
3. Therefore, the RE code 4 currently on his DD Form 214 is incorrect. It is appropriate to change his RE code to 3.
4. An RE code of 3 does not mean that he is totally disqualified from returning to military service. The disqualification upon which the RE-3 code is based may be waived for enlistment purposes. He is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for his RE code.
BOARD VOTE:
___X____ ___X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by correcting item 27 (Reentry Code) of his DD Form 214 to 3.
_________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) AR20110014679
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ABCMR Record of Proceedings (cont) AR20110014679
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