IN THE CASE OF:	  

		BOARD DATE:  7 June 2012

		DOCKET NUMBER:  AR20110022977 


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 his records to show his Reentry (RE) code as a "1" in lieu of a "3."

2.  The applicant states he wants his RE code changed to a "1" to permit him to reenter the military without a waiver.  He currently meets all reentry requirements.  He can pass the physical fitness test and he is able to perform all the duties required of an active duty Soldier.  He believes he was discharged without just cause and would like to reenter the military.  He is willing to submit to an Army Physical Fitness Test (APFT) to show he meets Army standards.

3.  The applicant provides:

* A functional capacity evaluation, dated 22 March 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 October 2006, held military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic), and was assigned to Fort Gordon, GA.  The highest rank/grade he attained while serving on active duty was specialist/E-4.

2.  He appears to have undergone a medical evaluation board that referred him to a physical evaluation board (PEB).  The PEB found his medical condition of degenerative arthritis of the lumbar spine did not meet retention standards and as such recommended his separation with entitlement to severance pay.  He concurred. 

3.  He was honorably discharged on 9 December 2008.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of "disability, severance pay, combat related."  This form listed his separation code as "JFI" and his RE code as "3."

4.  He provided a letter from the Physiotherapy Associates, prepared by his physical therapist on 22 March 2010.  This letter includes a functional capacity evaluation.  The applicant requested this functional capacity evaluation to assess his current level of physical capabilities in order to determine his feasibility for employment with the U.S. Army.  His physical therapist stated:

	a.  Based upon the subjective and objective data within the functional capacity evaluation and upon review of the medical records provided, the applicant demonstrated a full and consistent effort during testing.  The physical demand level and restricted tolerances may be safely used for return to work recommendations.

	b.  He displayed an appropriate cardiac response, with the heart rate remaining between 60 and 85 percent of the projected maximum level on most of the test activities, reflecting the appropriate amount of physical exertion.  He displayed good consistency and effort on the grip strength tests.  The coefficient of variation was within the acceptable 15 percent level on ten out of ten trials.  There was a bell-shaped curve on both the right and left on the grips tests, which indicates a good effort on the right and the left.

	c.  There was no elevation of psychometric responses and no report of pain or limitations noted.

	d.  According to the Dictionary of Occupational Titles (DOT) he demonstrated the ability to meet the heavy physical demand strength rating in accordance with the DOT rating system.  This means he can lift up to 100 pounds safely and dependably over the course of his work day.  

	e.  Based upon the results of this test he appears fit to return to service with the U.S. Army.

5.  Army Regulation 635-40 establishes the physical disability evaluation system.  It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.

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.  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

7.  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 "JFI" had a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant underwent a PEB that found him physically unfit to perform the duties in his grade and specialty and recommended discharge with severance pay.  He concurred with that recommendation.

2.  He was honorably discharged and assigned an SPD code of "JFI" and an RE code of "3."  The RE code entered on his DD Form 214 is consistent with the separation code.  The underlying reason for his discharge at the time was his medical disability that resulted in his discharge with entitlement to severance pay.  His RE code was assigned based on separation due to a physical disability.  

3.  His desire to reenter military service was considered.  However, the ABCMR does not change records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that 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 are responsible for determining a former Soldier's eligibility and reentry rank/grade.
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)                                         AR20110022977



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ABCMR Record of Proceedings (cont)                                         AR20110022977



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