BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120020945 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 26 (Separation Code) something other than "JFM" and in item 27 (Reentry (RE) Code) something other than "3."

2.  The applicant states at the time of his out-processing, he disagreed with the findings that were in his records.  He is now fine, has been seen by a medical doctor, and is cleared to return to military service.  At the time of his entry into the military, he had no existing disabilities.  His injury occurred during his service.

3.  The applicant provides a DD Form 214 Worksheet and a doctor's statement, dated 17 November 2005.

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.  The applicant's records show he enlisted in the Regular Army on 7 June 2002 and he held military occupational specialty 92F (Petroleum Supply Specialist).  He was assigned to the Quartermaster Petroleum Company, Fort Story, VA.

3.  The complete facts and circumstances surrounding the applicant's discharge processing are not available for review with this case.  However, his records contain a DD Form 214 that shows he was honorably discharged on 9 December 2004 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-28b(4), by reason of disability, existed prior to service (EPTS), physical evaluation board (PEB).  He completed 2 years, 6 months, and 3 days of creditable active service.

4.  There is no evidence in his available records and the applicant hasn't provided any evidence (i.e., his service medical records) that shows he was injured while serving on active duty.

5.  On 3 June 2009, the Army Discharge Review Board denied the applicant's request for a change in the reason for his discharge and determined he had been both properly and equitably discharged.

6.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states medical evaluation boards (MEB) and PEBs are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualification for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.

7.  Army Regulation 635-5-1 (Separation Program Designator (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 the SPD code of "JFM" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-40, for a disability that was EPTS.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated under these provisions with an SPD code of "JFM."

8.  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 shows the RE codes and states in pertinent part:

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available records do not contain any evidence, and he has not provided any evidence, that shows he was injured while serving on active duty.

2.  His record is void of the specific facts and circumstances surrounding his discharge.  However, in the absence of evidence to the contrary, it is presumed his separation processing was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights and that the type of discharge directed and the reason for his separation were appropriate.  

3.  In addition, his records contain a DD Form 214 that shows he was discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(4), for a disability that was EPTS.  The SPD code "JFM" is the only valid separation code authorized for discharges under this provision and RE code "3" is the only valid corresponding RE code; both are correctly shown on his DD Form 214.  

4.  In view of the foregoing, there is an insufficient evidentiary basis upon which to grant him the requested relief.

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)                                         AR20120020945





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ABCMR Record of Proceedings (cont)                                         AR20120020945



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