IN THE CASE OF:	  

		BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120013043 


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 a change of his reentry (RE) code to a more favorable code to allow him to reenter the Army.

2.  He states, in effect, at the time of his discharge he was undergoing physical therapy and he was not responding to physical therapy.  Since being discharged he has been able to regain strength in his left knee and he has passed the required physicals at the Military Entrance Processing Station.  He no longer has any restrictions that would preclude him from continuing his career as an active duty Soldier.  After speaking with several recruiters it was determined that his current RE code could not be waived to reenter active duty.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Associate of Arts in Criminal Justice Diploma
* Airborne Course Diploma
* Combat Infantryman Badge Certificate
* two Army Commendation Medal Certificates
* Certificate of Promotion to the rank of Specialist 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His military records show he enlisted in the Regular Army on 27 September 2005.  He completed training and he was awarded military occupational specialty 11B (infantryman).  The highest rank/grade he held was specialist/ E-4.

3.  On 25 February 2008, an informal physical evaluation board (PEB) found him unfit for duty for chronic left patellofemoral pain syndrome which interfered with the performance of his 11B duties.  The PEB recommended a disability rating of 10 percent and separation with severance pay if otherwise qualified. 

4.  The applicant's DD Form 214 shows, on 17 June 2008, he was discharged with an honorable characterization of service under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in accordance with the National Defense Authorization Act of 2008.  Item 28 (Narrative Reason for Separation) contains the entry, "disability, severance pay, non-combat related."  He was assigned an RE code of 3 and a separation code of JFO.

5.  His medical records are not available for review.

6.  Pertinent Army regulations provide 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.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including Regular Army RE codes.

7.  RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

8.  All Army Activities Message 147/2008, dated 13 June 2008, states the Separation Program Designator (SPD) code of JFO denotes disability, severance pay under the provisions of Army Regulation 635-40, chapter 4 (non-combat related).  It further prescribes that the SPD code of JFO will replace the SPD code of JFL.

9.  The SPD/RE Code Cross Reference Table states that when the separation code is JFL (now JFO) an RE code of 3 will be assigned.

DISCUSSION AND CONCLUSIONS:

1.  His medical documents are not available to the Board for review.  However, it must be presumed that he was properly processed for discharge due to a non-combat related disability.

2.  He contends that he has been able to regain all strength in his left knee since his discharge, that he really believes he no longer has any restrictions from allowing him to continue his career as an active duty Soldier, and that he has passed the required physicals at a Military Entrance Processing Station.  His contentions do not show the Army's diagnosis was an error.  As such, there is no evidence of an error in assignment of his reason for separation, and therefore, no basis for changing his RE code which is based on his reason for separation.

3.  His service and post-service accomplishments are commendable and his desire to reenter the Army is admirable.  However, these reasons are not a basis for changing a properly-assigned RE code. 

4.  His RE code of 3 simply means he was not eligible to reenlist at the time of separation.  However, the enlistment criteria change and individuals have the right to apply for a waiver; therefore, he should continue to periodically visit his local recruiting station to determine if he should apply for a waiver. 

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20120013043



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120013043



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1