IN THE CASE OF:	  

		BOARD DATE:	    18 April 2012

		DOCKET NUMBER:  AR20110019785 


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 change of his Reentry Eligibility (RE) code of RE-3 to a more favorable RE code to allow him to reenter the military.

2.  He states:

* he was medically processed out of the military because he was unfit; however, he has recovered for several years now and he is physically fit for military service
* he is currently employed as a Registered Nurse (RN) and he has always enjoyed taking care of Soldiers and their family members
* it would be in the best interest of the military if he is allowed to continue to care for injured Soldiers as an RN
* he needs his RE-3 code changed to allow him reentry into the military

3.  He provides his:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* RN License
* Healthcare Provider - American Heart Association certification cards

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 applicant’s 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 applicant’s 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 May 1986 and was honorably discharged on 9 May 1999 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-8 by reason of reduction in force.  On the following day, he enlisted in the U.S. Army Reserve and was assigned to the 348th General Hospital, Ashley, PA.

3.  On 7 July 2003, he was ordered to active duty in support of Operation Enduring Freedom.

4.  His Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) proceedings are not available for review.

5.  He was subsequently separated from active duty on 21 March 2005 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3) by reason of physical disability with severance pay.

6.  His DD Form 214 shows he was issued an RE-3 code and a separation code of "JFL" due to disability, severance pay.

7.  He provided documents that show he was licensed as an RN on 31 March 2010 from the Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupation Affairs and he was certified for the Healthcare Providers (CPR (cardiopulmonary resuscitation)) and AED (automated external defibrillator) Program on 12 April 2011.

8.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  Paragraph 4-24b(3) lists separation for physical disability with severance pay.


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 JFL is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of disability, severance pay.  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 JFL.

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 Regular Army (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 contentions regarding now being physically fit for military service are acknowledged.  However, there is no evidence to indicate the RE code issued at the time of his separation was in error or unjust.  

2.  Although the MEB/PEB proceedings are not available for review, it is presumed the applicant was appropriately separated under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of physical disability with severance pay.

3.  His statements regarding his current employment as an RN are acknowledged.  However, this issue does not serve as a basis for changing a properly assigned reentry code.

4.  The applicant’s RE code is based on his reason for separation and cannot be changed unless his narrative reason for separation is changed.  His narrative reason for separation was based on physical disability with severance pay and he has provided no evidence sufficient to change the reason.
5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

6.  The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however it does allow for a waiver of disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can best advise him 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 RE code waivers.

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)                                         AR20110019785



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ABCMR Record of Proceedings (cont)                                         AR20110019785



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