IN THE CASE OF:	  

		BOARD DATE:	 24 July 2012 

		DOCKET NUMBER:  AR20110024146 


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 4 to allow him to reenter military service.

2.  The applicant states:

* his current RE code reflects his past medical condition;  his current state of health is healthy and able for reentering military service due to corrective surgery in January 2010
* if granted a change of his RE code, he will proudly serve once again
* he is now in perfect health and he wishes to reenter the Army in his old military occupational specialty (MOS) of 11B (Infantryman) to finish his first term of enlistment and to continue his military career

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and medical documents.

CONSIDERATION OF EVIDENCE:

1.  On 4 March 2009, the applicant enlisted in the Regular Army for 3 years in the pay grade of private (PV1)/E-1.  He successfully completed training and was awarded MOS 11B.

2.  The applicant's medical evaluation board (MEB) proceedings are not file in his official military record.

3.  The applicant’s record contains a physical evaluation board (PEB) proceeding that shows a PEB convened on 1 April 2010 to determine the applicant's fitness for retention on active duty.  The PEB's diagnosis was Paroxysmal Supraventricular Tachycardia with Syncopal Episodes evaluated as Ventricular Arrhythmias manifesting in 2009 during basic training.  Ongoing signs and sysmptoms were syncope precipitated by physical exertion.  Cardiac tests included electrocardiogram and ultrasound in M-mode, two-dimensional, and Doppler.  Prescribed treatment was activity restriction, medication (nebivolol), and specialty follow up.

4.  The PEB stated that the Commander's Performance and Functional Statement noted that the applicant was not performing duties in his MOS and he experienced occasional difficulties with reduced reliability and productivity.  The applicant's physical profile precluded moving with a fighting load, constructing an individual fighting position, and doing rushes under fire.

5.  The PEB found the applicant unfit due to the risk to his health and welfare with a service-connected disability rated at 30 percent (%) based on becoming symptomatic during a road march (September 2009) which is equivalent to six metabolic equivalents.  His condition was deemed unstable for disability rating purposes as the condition could significantly improve with the applicant's participation in electrophysiological studies and subsequent ablation therapy.  The PEB recommended the applicant's placement on the Temporary Disability Retired List (TDRL) with reexamination during November 2011.

6.  On 9 May 2010, the applicant was retired under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of temporary disability.  He was assigned a separation program designator (SPD) code of SFK and an RE code of 4.

7.  There is no evidence of record and the applicant did not provide any evidence that shows he was reexamined during November 2011 or that he was removed from the TDRL.

8.  The applicant submits copies of his medical records from Costal Cardiology Associates, P.A. and New Hanover Regional Medical Center, both located in Wilmington, NC describing his medical condition both pre- and post-surgery.

9.  Army Regulation 635-5-1 (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 SFK is the appropriate code to assign to Soldiers separated under the provisions of 

Army Regulation 635-40, by reason of temporary disability.  The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of SFK.

10.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) 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.

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

11.  Army Regulation 601-210 also states that enlistment in the RA within 90 days of their removal from the TDRL will be made without regard to basic enlistment qualifications for prior service personnel.  It states that enlistment of former enlisted members who do not reenlist in their respective component within 90 days of the removal date from the TDRL must meet all prior service standards and qualifications at the time of enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  There is no error or injustice in the RE code he received at the time of his placement on the TDRL.

3.  The applicant was retired and placed on the TDRL because of a temporary disability and as such he was not eligible to reenlist.  He received an SPD code of SFK and a corresponding RE code of 4.  The RE code he received is proper based on the circumstances of his retirement. The fact that he now believes he is fit for duty does not change the original reason for his separation from active duty and does not serve as a basis to change his correctly assigned RE code.

4.  The applicant submits no evidence showing that he was ever reexamined and/or removed from the TDRL.  However, if he is now healthy and no longer has the medical condition that resulted in his placement on the TDRL and he has been removed from the TDRL, he should take his medical documentation showing that he is now fit for duty to the Military Entrance Processing Command for evaluation and possible reentry into the military.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20110024146



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ABCMR Record of Proceedings (cont)                                         AR20110024146



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