IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130005613 


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 the reentry eligibility (RE) code on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an RE code of "2" instead of a "4."

2.  The applicant states he was separated from active duty and placed on the temporary disability retired list (TDRL) on 31 August 2002.  He was unfairly given an RE code of "4."  He should have received an RE code of "2."  He has been a model citizen and wants to enlist in the U.S. Army Reserve (USAR); however, his RE code is preventing him from entering.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the USAR on 25 January 1999 for a period of 
8 years.  He further enlisted in the Regular Army (RA) on 25 February 1999 for a period of 4 years.

3.  The applicant's DD Form 214 shows he was honorably retired from the RA on 31 August 2002 and transferred to the USAR Control Group (Retired) under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), based on disability, temporary.  He completed 3 years, 6 months, and 6 days of net active service this period and 1 month of total prior inactive service.  It also shows in:

* item 26 (Separation Code) "SFK"
* item 27 (Reentry Code) "4"

4.  U.S. Army Physical Disability Agency (USAPDA), Washington, DC, Letter Orders D 12-086, dated 21 July 2003, attached the applicant to Ireland Army Community Hospital, Fort Knox, KY, effective December 2003, for the purpose of a periodic physical examination.

5.  USAPDA, Washington, DC, Orders D24-5, dated 5 February 2004, removed the applicant from the TDRL, on 5 February 2004, and permanently retired him effective 6 February 2004.

6.  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 shows the SPD code of "SFK" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(2), based on disability (temporary).  The SPD/RE Code Cross Reference Table stipulates that an RE code of "4" will be assigned to members separated with an SPD code of "SFK."

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.

	a.  Chapter 3 (Enlistment in the RA, USAR, or Army National Guard for Prior Service), paragraph 3–21 (U.S. Army RE codes), shows that RE codes are used for administrative purposes only.  Applicants should be advised that these codes are not to be considered derogatory in nature; they simply are codes used for identification of an enlistment processing procedure.


	b.  Table 3-1 (U.S. Army RE Codes) shows an RE-4 applies to Soldiers separated from the last period of service with a non-waivable disqualification.  They are ineligible for enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code of “4” should be changed because he has been a model citizen since his separation from active duty and he wants to enlist in the USAR.

2.  The evidence of record shows the applicant was separated from active duty on 31 August 2002 under the provisions of Army Regulation 635-40, paragraph 4-24b(2), based on disability (temporary) and he was placed on the TDRL.  As such, the applicant's separation from the RA was based on a non-waivable disqualification and he was assigned an RE code of "4."

3.  Following a periodic physical examination, the applicant was removed from the TDRL and permanently retired effective 6 February 2004.

4.  The applicant's contention that he has been a model citizen since his separation is not in question and the applicant's RE code is not considered to be derogatory in nature.  As the evidence of record shows, RE codes are used for administrative purposes only (i.e., in the enlistment processing procedure).  

5.  Records show that an RE code of "4" establishing the applicant's ineligibility for enlistment/reenlistment was correctly entered on his DD Form 214 in accordance with governing Army regulations.  Therefore, the reentry code that is shown in item 27 of the applicant's DD Form 214 is appropriate and correct.

6.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20130005613



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ABCMR Record of Proceedings (cont)                                         AR20130005613



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