IN THE CASE OF:

		BOARD DATE:  24 July 2012

		DOCKET NUMBER:  AR20120000756 


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 separation code and reentry eligibility (RE) code with the intention of returning to military service.

2.  The applicant states he has overcome his disability and he wishes to return to active duty.

3.  The applicant provides:

* a self-authored letter, dated 15 December 2011
* a Visit Summary from R.A, a medical doctor (MD) at Holistic Psychiatry, Energy, IL
* a support letter from Mr. John D. J____, an instructor at John A. Logan College
* a support letter from Mr. Joseph R____, an instructor at John A. Logan College
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 January 2009

CONSIDERATION OF EVIDENCE:

1.  Following service in the Illinois Amy National Guard (ILARNG), the applicant enlisted in the Regular Army on 18 May 2006.  He held military occupational specialty (MOS) 11B (Infantryman).

2.  On 8 December 2008, an informal PEB convened at Fort Sam Houston, TX and found him physically unfit due to post traumatic stress disorder complicated by depressive disorder and residuals of traumatic brain injury referred to as cognitive disorder and post-concussion headaches.  The PEB rated the applicant with a 60 percent (%) disability rating percentage and recommended his placement on the temporary disability retired list (TDRL) with reexamination in September 2009.  The applicant concurred with the PEB's findings and recommendation and he waived his right to a formal hearing of his case.

3.  On 27 January 2009, he was retired in the rank/grade of specialist (SPC)/E-4. His DD Form 214 shows he was retired in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), by reason of temporary disability.  He completed a total of 3 years and 5 days of creditable active service.  Item 26 (Separation Code) shows the entry "SFK" and item 27 (Reentry Code) shows the entry "4."

4.  In support of his application, he provides:

	a.  a 1 November 2011, Visit Summary from an MD at Holistic Psychiatry, Energy, IL, who states:

		(1)  Reportedly, the applicant was suffering from nightmares, dreams, and hallucinations; however, he stated he dealt with these problems "in my own way – I desensitized myself."

		(2)  In the Assessment/Plan section the MD t states "However, upon evaluation today, pt not suffering from PTSD objectively or subjectively, however, malingering, if any, cannot be ruled out as per VA [Department of Veterans Affairs] records.  Pt seems exhausted answering people about his retirement at a young age."

		(3)  he was diagnosed with "Adjustment reaction; posttraumatic stress disorder."  

	b.  a letter from Mr. John D. J____, who states the applicant "did all the work satisfactorily and got along well with other students and teachers.  He was a pleasure to have as a student."

	c.  a letter from Mr. Joseph R____, who states that in his opinion the applicant "completed all tasks assigned to him while working in the lab and appeared to have very little limitations.  His work consisted of bending and twisting in multiple positions to get the tasks completed in a timely manner."

5.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states the SPD code of "SFK" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b(2), for temporary disability.

6.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The table shows the SPD code of "SFK" has a corresponding RE code of "4."

7.  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 Reserve.  The 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.  Table 3-1 includes a list of the RA RE codes, and states:

* 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
* RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification

8.  Army Regulation 601-210, section XII, governs special processing for Soldiers removed from the TDRL.  It states, that as the result of a periodic physical examination, a former Army enlisted member may be determined physically fit for return to duty.  If so, the member may be enlisted in the RA or U.S. Army Reserve when his or her name has been properly removed from the TDRL and if requirements of this section are met.  Enlistments within 90 days of removal from the TDRL will be made without regard to basic enlistment qualifications for prior service (PS) persons described in chapter 3 of this regulation.  Such persons will be enlisted in the permanent pay grade held on the day before the date their names were placed on the TDRL.  Former enlisted members who do not enlist in their respective component within 90 days of removal from the TDRL must meet all PS standards and qualifications at time of enlistment.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his disability has been overcome and his separation code of SFK and his RE Code 4 should be upgraded to more favorable codes so he may return to active duty.
2.  The applicant’s retirement was based on the fact that he underwent a PEB that found him physically unfit to perform the duties required of his grade and specialty.  As a result, the PEB recommended placing him on the TDRL.  At the time of his retirement and placement on the TDRL, he received an SPD code of SFK and an RE code of "4."  The SPD code of SFK was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-40, paragraph 4-24B(2).  Furthermore, such separation carries a corresponding RE code of "4." The SPD and RE codes entered on his DD Form 214 are consistent with the reason and authority for separation.

3.  The PEB recommended the applicant be reexamined during September 2009. However, there is no evidence of record and the applicant did not provide any evidence that he complied with the September 2009 reexamination.  There is no available evidence showing whether or not he is still on the TDRL, or has been removed and permanently separated for disability, or has been removed because he has been found fit for duty.

4.  His desire to reenter military service and serve his country is admirable. Although the applicant was properly issued an RE code of 4 based upon his temporary disability retirement, if he has since been removed from the TDRL due to being found fit for duty, there are regulatory provisions that will allow him to apply for a waiver to enlist.  In that case, the applicant should make his recruiting officials aware of the provisions in section XII of Army Regulation 601-210 as outlined above.  

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)                                         AR20100022411



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ABCMR Record of Proceedings (cont)                                         AR20120000756



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