IN THE CASE OF:	  

		BOARD DATE:  20 June 2013

		DOCKET NUMBER:  AR20120021304 


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 eligibility (RE) code from an RE-3 to an RE-1 so that he may reenter the military.

2.  The applicant states his past medical issues have all been resolved and he is now in good health.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant enlisted in the Regular Army on 30 July 2007 and he held military occupational specialty 31E (Corrections Specialist).  He served through a reenlistment in a variety of stateside and overseas assignments and he attained the rank/grade of specialist/E-4. 

2.  On 13 September 2010, a medical evaluation board (MEB) convened and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found he suffered from the unacceptable medical condition of chronic left orchalgia.  The MEB recommended he be referred to an informal physical evaluation board (IPEB).  He agreed with the MEB's findings and recommendation and indicated he did not desire to continue on active duty.



3.  On 19 October 2010, an informal PEB convened and found he was physically unfit to perform the duties associated with his grade and specialty due to chronic left orchalgia.  The PEB granted him a 10% disability rating and recommended that he be separated with entitlement to severance pay.  The applicant concurred with the PEB's findings and recommendation and waived his right to a formal hearing of his case.

4.  On 25 January 2011, he was honorably discharged.  His DD Form 214 shows he was discharged in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability - non-combat related.  This form also shows he completed 3 years, 5 months, and 26 days of creditable military service.  His DD Form 214 also shows in:

* item 26 (Separation Code) -  "JFO"
* item 27 (Reentry Code) - "3"

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Active Army, Army National Guard, and U.S. Army Reserve.  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.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces reentry codes.  Table 3-1 includes a list of Regular Army RE codes:

* 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
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted

6.  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.  The SPD code of "JFO" is the correct code for Soldiers separating under paragraph 4-24 of Army Regulation 635-40 for disability - non-combat related. 

7.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and a corresponding RE code.  The table in effect at the time of his discharge shows the SPD code of "JFO" had a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant underwent a PEB that found him physically unfit to perform duties in his grade and specialty and recommended his separation with entitlement to severance pay.  At the time of his discharge, he was assigned a separation code of "JFO" and an RE code of "3."  

2.  The SPD code "JFO" was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-40, chapter 4, for a non-combat disability. Furthermore, such a discharge carries an RE code of "3."  The SPD and RE codes entered on his DD Form 214 are consistent with the reason and authority for discharge.

3.  The applicant's RE code was assigned based on his separation due to physical disability.  The appropriate RE code associated with this type of discharge is RE-3 which is correctly shown on his DD Form 214.

4.  His desire to reenter the military is noted.  However, The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for programs or benefits.  The applicant is advised that although no change is being recommended to his RE code, this does not mean that he is disqualified from reenlistment.  An RE code of 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.  If the applicant still desires to reenter the military, he should contact a local recruiter who can best advise a former service member as to the needs of the Army at the time.

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)                                         AR20120021304



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ABCMR Record of Proceedings (cont)                                         AR20120021304



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