BOARD DATE:	 25 October 2012 

		DOCKET NUMBER:  AR20120007316 


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, in effect, correction of his records to show he was placed on the Temporary Disability Retired List (TDRL) in pay grade E-4.  He also requests that his reenlistment eligibility (RE) code of 4 be change to RE-3 or RE-3a.

2.  The applicant states he served in pay grade E-4 prior to his reduction on 
21 October 2010 and presently meets all requirements for promotion to E-4.  He further states that his retirement is temporary and that if his conditions were to improve, he would meet the standards for RE-3 or RE-3a codes.  He loves serving his country and his community and hopes to get in the law enforcement field.  He has high hopes that his disabilities will improve and in the event of another conflict or war, he would like to have the opportunity to serve his country again.  

3.  The applicant provides an excerpt from Army Regulation 600-8-19 (Enlisted Promotions and Reductions).  

CONSIDERATION OF EVIDENCE:

1.  In a telephone conversation on 11 October 2012, the applicant informed the analyst that his pay grade has already been restored to E-4 as shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  Therefore, this issue will not be discussed further in this Record of Proceedings.  The applicant also indicated that in addition to his request for a change of his RE code, he is also requesting that the narrative reason for his separation be changed.  
2.  After having had prior service in the Army National Guard, the applicant enlisted in the Regular Army on 2 August 2006 for a period of three years.  He reenlisted on 18 October 2007 for a period of six years.  

3.  U.S. Army Support Activity, Joint Base Langley-Eustis, Orders Number 
088-0001, dated 28 March 2012, directed his release from assignment and duty, effective 21 June 2012, because of a physical disability incurred while entitled to basic pay and under conditions that permitted his placement on the TDRL.  

4.  On 21 June 2012, he was retired accordingly.  He was issued a DD Form 214 that shows he was retired in the rank and grade of specialist/E-4 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4.  Item 26 (Separation Code) of his DD Form 214 shows the entry "SEK."  Item 27 (Reentry Code) shows he was assigned an RE code of "4" and item 28 (Narrative Reason for Separation) shows the entry "Disability, Temporary (Enhanced)."

5.  Army Regulation 635-200 (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 and the U.S. Army Reserve.  Table 3-1 included a list of Regular Army 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-3A applies to Soldiers separated prior to the effective date of this regulation but did not meet reentry criteria at time of separation.  They are ineligible for enlistment unless a waiver is granted.

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

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), updated as of 17 November 2009, provides the specific authorities, 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 "SEK" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, by reason of temporary disability (enhanced).  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 SEK.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) provides 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 Army Reserves when their name has been properly removed from the TDRL.  This regulation also provides that an enlisted Soldier who is on the TDRL and has been found medically qualified to perform duties of the grade and enlists within 90 days after removal of their name from TDRL, will be enlisted in the same grade held when released from duty.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was found physically unfit and placed on the TDRL.  Evidence also shows that based on his placement on the TDRL, he was correctly assigned an SPD code of "SEK" with a corresponding RE code of 4 in accordance with applicable regulations.  Therefore, the narrative reason for separation and RE code shown on his DD Form 214 are correct and as a result, there is no basis to grant the requested relief.  

2.  The applicant is advised that in accordance with Army Regulation 601-210, should he be found physically fit for return to duty, he will be afforded the opportunity to reenlist in the Regular Army or Army Reserve regardless of the RE code shown on the DD Form 214.

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)                                         AR20120007316



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ABCMR Record of Proceedings (cont)                                         AR20120007316



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