IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005799 


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 reconsideration of his previous request to upgrade his reentry (RE) code from RE-4 to a more favorable RE code.

2.  The applicant states since his discharge he had been living a full and healthy life.  He has been able to obtain an Associates degree in liberal arts and is currently pursuing a Bachelors degree in psychology.  He actively participates in the community, has recently married, and he and his wife are expecting their first child.

3.  He would like to have his RE code changed so that he can enlist in the Illinois Army National Guard (ILARNG).  He understands that his deployment in 2005-2006 led him to a diagnosis of post-traumatic stress disorder (PTSD); however, he was a very young sergeant in an infantry line unit and experienced things to which most people should never be exposed.  He lost many of his friends and saw many others wounded.

4.  Since that deployment he has grown and matured into a man with many responsibilities, which have taught him how to deal with his emotions properly.  Last year he deployed to Iraq with a private contract company and did not experience any related feelings of PTSD or anxiety.  He is interested in joining the ILARNG so he can continue serving his country.  He would like to serve with a new military occupational specialty (MOS), particularly one which could teach him technical skills he could carry over into his civilian life.  He has no desire to serve as an 11B (Infantryman) because this MOS may add unwanted stress to his life.  He was taken off the Temporary Disability Retired List (TDRL) in September of 2010; therefore, he is no longer retired.  

5.  The applicant provides a self-authored statement, dated 6 February 2012.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100022412, on 13 April 2011.

2.  The applicant provides a statement of his case, which he believes constitutes a new argument.  The new argument was not previously considered by the Board; therefore, it warrants consideration.

3.  He enlisted in the U.S. Army Reserve (USAR) on 26 January 2002.  He enlisted in the Regular Army on 14 April 2004 and held MOS 11B.

4.  On 6 February 2008, a Physical Evaluation Board (PEB) found him unfit for duty due to PTSD and recommended he be placed on the TDRL with a 30 percent disability rating with a reexamination in August 2009.  

5.  Orders 057-0607, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, KY, on 26 February 2008, placed him on the TDRL effective 26 May 2008.  

6.  His DD Form 214 shows he was honorably retired on 25 May 2008, in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), by reason of a temporary disability.  This form further shows the separation code "SFK" and an RE code of "4."

7.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation states item 23 will show the appropriate term describing the type of separation.

8.  Entries for items 26 and 27 of the DD Form 214 are taken from Army Regulation 635-5-1 (Separation Program Designator Codes).  The "SFK" SPD code is the correct code for Soldiers separated under Army Regulation 635–40, paragraph 4–24b(2).  The regulation shows the narrative reason for this type of separation is "Disability, Temporary." 

9.  The entry for item 27 of the DD Form 214 is taken from the SPD/RE Code Cross-Reference Table.  The table shows the SPD code "SFK" has a corresponding RE code of "4."

10.  Army Regulation 601-210 (Regular and Reserve Components Enlistment Program) states prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or reason for discharge.  These codes are not to be considered derogatory in nature; they are simply codes used for identification of an enlistment processing procedure.  RE code 4 applies to individuals separated from last period of service with a nonwaivable disqualification.  

11.  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 Regular Army or USAR 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 made a new argument in support of his request for reconsideration to upgrade his reentry (RE) code from RE-4 to a more favorable RE code.  Unfortunately, he has not provided any evidence to support his request and the evidence of record does not support his request to change his RE code.  

2.  He was placed on the TDRL for an unfitting condition.  The type of separation, RE code, and narrative reason for separation shown on his DD Form 214 accurately reflect the circumstances of his release from active duty.  In view of the foregoing, there is no basis for granting the requested relief.

3.  The applicant stated he was taken off the TDRL and is no longer retired.  Although there is no evidence of record to confirm that, even though the applicant was properly issued an RE code of 4 based upon his temporary disability retirement there are regulatory provisions that will allow him to apply for a waiver to enlist.  The applicant should make his recruiting officials aware of the provisions in section XII of Army Regulation 601-210.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20100022412, dated 13 April 2011.



      _______ _   _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)                                         AR20120005799





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ABCMR Record of Proceedings (cont)                                         AR20120005799



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