BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130001574 


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 change of his reentry eligibility (RE) code from "4" to "3" or below.

2.  The applicant states he got out of the Army because of arthritis in his lower back.  He believes he was not properly informed of the implications of such a separation during his discharge process.  The military post he was at was in the process of moving to Fort Lee, VA at the time so they were moving everything through quickly.  He has now been cleared through his doctor at the Department of Veterans Affairs (VA) to reenter military service.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* medical documentation from Mountain Home VA Medical Center
 
CONSIDERATION OF EVIDENCE:

1.  On 6 April 2010, the applicant enlisted in the Regular Army (RA).  He did not complete initial entry training.

2.  On 16 May 2011, an informal PEB found him unfit for duty for intervertebral disc syndrome, lumbosacral spine.  The PEB recommended a disability rating of 10 percent and his separation with severance pay, if otherwise qualified.

3.  On 23 May 2011, the applicant acknowledged he had been advised of the findings and recommendations of the PEB and he received a full explanation of the results and his legal rights pertaining thereto.  He concurred with the findings and recommendations of the PEB and waived a formal hearing of his case.

4.  On 10 June 2011, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 4, by reason of disability, severance pay, non-combat related.  His DD Form 214 shows in:

* item 25 (Separation Authority) – "Army Regulation 635-40, chapter 4"
* item 26 (Separation Code) – "JFO"
* item 27 (RE Code) – "4"

5.  He submits progress notes from Mountain Home VA Medical Center, dated 9 January 2013, that state he was medically cleared for military service.

6.  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 that SPD code JFL is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, chapter 4, by reason of disability.  The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFL.

7.  All Army Activities (ALARACT) Message 147/2008, dated 13 June 2008, implemented new SPD codes for the disability-related provisions of the National Defense Authorization Act 2008 and the Disability Evaluation System pilot program.  It states SPD code "JFO" replaced "JFL" and applies to Soldiers discharged for disability with severance pay (non-combat related) under the provisions of Army Regulation 635-40.

8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program), covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve (USAR).  Table 3-1 included a list of the RA RE codes:

	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.

	c.  RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change of his RE code was carefully considered.

2.  The note from a doctor at the VA that he was cleared for military service is noted.  However, it does not change the fact that at the time of his discharge from active duty he was found physically unfit by a PEB.  He acknowledged he had been advised of the findings and recommendations of the PEB and received a full explanation of the results and his legal rights pertaining thereto.  He concurred with the findings and recommendations of the PEB and waived a formal hearing of his case.

3.  His DD Form 214 shows that at the time of his discharge he was assigned an SPD code of JFO and an RE code of 4.  However, based on the fact that SPD code JFO replaced SPD code JFL, which had an RE code of "3," it appears he should have been assigned an RE code "3."  Therefore, it would be appropriate to change the RE code on his DD Form 214 to show "3," which is a waivable disqualification.

4.  The Army Board for Correction of Military Records does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The above correction does not make the applicant fully qualified to reenter military service; however, he could do so with any approved waiver.  Therefore, the applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process his RE code waiver.

5.  In view of the foregoing, the applicant's record should be corrected as recommended below.






BOARD VOTE:

__X__  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 27 of his DD Form 214 the current entry and replacing it with the entry "3."



      _________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)                                         AR20130001574



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ABCMR Record of Proceedings (cont)                                         AR20130001574



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