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ARMY | BCMR | CY2012 | 20120018457
Original file (20120018457.txt) Auto-classification: Approved

		
		BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120018457 


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 Reenlistment Eligibility Data Display (REDD) Report:

* to change his reenlistment eligibility code (RE code) "ZZ" to a more favorable RE code
* to change his Separation Program Designator (SPD) "JFP"  to a more favorable SPD code

2.  The applicant states he received a REDD report, dated 17 May 2012.  The SPD and RE code listed under Personnel Loss Data, Category: Reserve, shows his SPD as "JFP," which causes his RE code to be reflected as "ZZ."  This code is incorrect and has flagged him as ineligible to reenlist for active duty.  He was informed the SPD code "JFP" means he received an injury that was not in the line of duty while serving in the U.S. Army Reserve (USAR) during the period of 26 July 2010 through 25 July 2011.  This information is incorrect.  He was not injured while serving in the USAR and there is no evidence in his record to state otherwise.  When he enlisted in the USAR he did so with a disability waiver because he was medically discharged from active duty on 29 February 2009.  He is in perfect health and believes these codes to be in error.

3.  The applicant provides a REDD report, dated 17 May 2012, and a letter, dated 18 May 2012.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 19 October 2005 and served through one reenlistment.  He held military occupational specialty 11B (Infantryman).  The highest rank/grade he attained while serving on active duty was specialist/E-4.

2.  His record contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 24 December 2008, which shows he was awarded a disability rating of 10%.  The PEB found him physically unfit and recommended he be separated with severance pay.  He concurred with the informal PEB's findings and waived a formal hearing.

3.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged from active duty on 27 February 2009 by reason of disability with severance pay, non-combat related.  He received the SPD code of "JFO" and the RE code of "3."

4.  His record contains a DD Form 2808 (Report of Medical Examination), dated 9 July 2010.  The examining physician indicated in item 74.a. (Examinee/Applicant) of this form that the applicant "is not qualified for service."  

5.  His record contains a DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 26 July 2010, which shows he had an approved medical waiver for enlistment.

6.  His record contains a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows he enlisted in the USAR, on 27 July 2010, for a period of 1 year.

7.  Orders 11-193-0062, issued by Headquarters, 88th Regional Support Command, Fort McCoy, WI, on 12 July 2011, show he was honorably discharged from the USAR on 25 July 2011, in accordance with Army Regulation 135-178 (Enlisted Administrative Separations).

8.  The USAR G-1 confirmed the applicant was honorably discharged from the USAR on 25 July 2011 for expiration of USAR service obligation.

9.  He provided a REDD report, dated 17 May 2012, which shows he received the SPD code "JFP" and the RE code "ZZ."



10.  He provided a letter from his physician at the Alegent Health Clinic, dated 
18 May 2012, wherein his physician states he had no physical limitations and was released for entry onto active duty military service.

11.  U.S. Military Entrance Processing Command (USMEPCOM) Regulation 
601-23 states upon check-in of all prior military service applicants, the Military Entrance Processing Station (MEPS) will obtain one of the following documents before processing: DD Form 214 Member or Service Copy with Special Additional Information Blocks 23 - 30, DD Form 215 (Correction to DD Form 214), National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) or the Reenlistment Eligibility Data Display (REDD) Level 2 printout.  

	a.  The REDD is an automated printout received from the Defense Management Data Center (DMDC) that duplicates the entries on the DD Forms 214/215 and NGB Form 22.  It is similar to the prior service (PS) check currently received nightly from DMDC. 

	b.  By providing the MEPS a signed and dated REDD printout, the Recruiting Service Liaison/Guidance Counselor attests that: 

* Despite concerted efforts, the preferred PS documents cannot be located or obtained
* The printout is an accurate capture of the Level 2 screen shot, including PS Components, active duty periods, and character of service section
* The printout has reference to all periods of PS in the Personnel Loss Data
*  A clear explanation of all Inter-service Reenlistment Eligibility codes, Inter- service Separation Codes, SPD, and RE codes as defined by  Service regulations is recorded on the bottom of the printout

12.  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:

	a.  the SPD code of JFO was the appropriate code to assign to Soldiers separated under the provisions of chapter 4, Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).  The SPD/RE Code Cross Reference Table indicates that RE-3 is the proper code to assign members receiving a JFO SPD.  

	b.  the SPD code of JFP was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(6) as JFP, Disability, Not in the Line of Duty.  The SPD/RE Code Cross Reference Table indicates that RE-4 is the proper code to assign members receiving a JFP SPD.  

DISCUSSION AND CONCLUSIONS:

1.  SPD codes are only given to Soldiers who are being separated from active duty.  Soldiers who are separated from the USAR for expiration of their USAR service obligation are not being separated from active duty; therefore, they would not be issued an SPD code.  The SPD code "JFP" listed on the applicant's REDD report is an incorrect entry.  As such the SPD code should be replaced with the entry "N/A," "ZZ," or other code which appropriately indicates no entry required.

2.  The RE code "ZZ" listed on the applicant's REDD report is not an actual RE code, it is a place holder with no inherent meaning.  Additionally, RE codes correspond directly to SPD codes.  Without a valid SPD code there can be no true RE code.  Therefore, there is no reason to correct this entry on the REDD report.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from the applicantÂ’s REDD report the SPD code "JFP" and replacing it with the entry "N/A," "ZZ," or other code which appropriately indicates no entry required.




2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the RE code "ZZ."



      _______ 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)                                         AR20120018457





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