Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120019987
Original file (20120019987.txt) Auto-classification: Denied

	
		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120019987 


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 amendment of his reentry eligibility (RE) code from "3" to "1."

2.  The applicant states his discharge was due to the findings of a medical evaluation board (MEB) that found his condition 10-percent disabling.  Since then he had fusion surgery that corrected the problem for which he was discharged.

3.  The applicant provides no additional evidence.

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.  On 2 April 2004, the applicant enlisted in the Army National Guard.  He completed initial entry training and was awarded military occupational specialty 92A (Automated Logistical Specialist).

3.  On 5 March 2007, he was ordered to active duty in support of Operation Enduring Freedom.

4.  On 18 July 2007, U.S. Army Installation Command, Headquarters, U.S. Army Garrison, Fort Gordon, Fort Gordon, GA, issued Orders 199-0912 assigning him to the U.S. Army Transition Point effective 25 July 2007 with a 10-percent disability rating.

5.  His DD Form 214 shows he was honorably discharged for disability with severance pay on 25 July 2007.  The form shows in:

* item 25 (Separation Authority) – "AR 635-40, PARA 4-24B(3)"
* item 26 (Separation Code) – "JFL"
* item 27 (RE Code) – "3"

6.  His medical records are not available for review.

7.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation states separation code "JFL" applies to Soldiers discharged for disability with severance pay under the provisions of Army Regulation 635-40.

9.  The SPD/RE Code Cross Reference Table in effect at the time of the applicant's discharge for disability with severance pay shows that Soldiers who were assigned an SPD code of "JFL" would be assigned an RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's statement that he had fusion surgery since his discharge which corrected his medical condition is noted.

2.  The evidence of record shows he was discharged for disability with severance pay.  As a result, he was properly assigned RE code "3."  In the absence of evidence showing an error in the assignment of this RE code, there is no basis for changing it.  He was disqualified from reenlistment; however, the disqualification is waivable.

3.  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 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)                                         AR20120019987



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120019987



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090021880

    Original file (20090021880.txt) Auto-classification: Denied

    The applicant states he received a disability discharge and was assigned a separation program designator (SPD) code of JFL and reentry eligibility (RE) code of 3 based on the authority and reason for his discharge. The DD Form 214 issued to the applicant upon his discharge on 19 December 2007 confirms he was separated under the provisions of paragraph 4-24h(3), Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) in item 25 (Separation Authority). Item 26...

  • ARMY | BCMR | CY2010 | 20100007012

    Original file (20100007012.txt) Auto-classification: Denied

    The PEB recommended that he be separated with severance pay if otherwise qualified. Army Regulation 635-5-1 (SPD Codes), table 2-3, states that the SPD code of JFL denotes disability, severance pay under the provisions of Army Regulation 635-40. While it is commendable that the applicant wants to serve on active duty again as a commissioned officer there is no basis for granting his request.

  • ARMY | BCMR | CY2011 | 20110009913

    Original file (20110009913.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 20 October 2011 DOCKET NUMBER: AR20110009913 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214. __________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...

  • ARMY | BCMR | CY2008 | 20080012195

    Original file (20080012195.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 16 October 2008 DOCKET NUMBER: AR20080012195 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect, at the time, established RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24e(3) for disability, severance pay. Pertinent Army regulations provide that prior to discharge or release from...

  • ARMY | BCMR | CY2009 | 20090008597

    Original file (20090008597.txt) Auto-classification: Approved

    This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge. The SPD/RE Code Cross-Reference Table indicates that a RE Code of 3 will be applied when the separation code is "JFL." The applicant's separation code of "JFL" is consistent with the basis for her separation; however, the applicable regulation states, in pertinent part, that a RE code of "3" is appropriate when the...

  • ARMY | BCMR | CY2010 | 20100023004

    Original file (20100023004.txt) Auto-classification: Denied

    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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty. At the time, the SPD code JFL was the correct code for Soldiers separating with a narrative reason for separation...

  • ARMY | BCMR | CY2011 | 20110014679

    Original file (20110014679.txt) Auto-classification: Approved

    Pertinent Army regulations stated 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. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. According to the SPD/RE Code Cross-Reference Table, the appropriate RE code for SPD code JFL is 3.

  • ARMY | BCMR | CY2010 | 20100030537

    Original file (20100030537.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-200 further 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. ___________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.

  • ARMY | BCMR | CY2008 | 20080010372

    Original file (20080010372.txt) Auto-classification: Denied

    The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) show that he was separated from the Army in accordance with Army Regulation 635-40, paragraph 4-24b(3), disability, severance pay, with a Separation Code of "JFL" and a RE Code of "3." His DD Form 214 stated that he was separated from the Army in accordance with Army Regulation 635-40, paragraph 4-24b(3), disability, severance pay, with a Separation Code JFL and a RE Code of 3. Pertinent Army...

  • ARMY | BCMR | CY2009 | 20090008122

    Original file (20090008122.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. His narrative reason for separation was based on physical disability with severance pay and he has provided no evidence sufficient to change the reason.