IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011301
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 25 July 2011 to show her reentry eligibility (RE) code as "3" vice "4."
2. She states she was separated for disability and would like to be considered for a waiver to reenter the Army National Guard (ARNG).
3. She provides her DD Form 214.
CONSIDERATION OF EVIDENCE:
1. After having prior service in the U.S. Army Reserve (USAR), on 11 February 1997 the applicant enlisted in the ARNG. She entered active duty on 10 January 2005.
2. On 6 April 2011, a Physical Evaluation Board (PEB) convened at Fort Lewis, WA and considered the applicant's condition of narcolepsy. The board found that she was physically unfit and recommended a combined rating of 40 percent (%). The PEB also recommended that she be placed on the temporary disability retired list.
3. Her DD Form 214 shows she was retired accordingly on 25 July 2011. It further shows in:
* item 23 (Type of Separation) RETIREMENT
* item 24 (Character of Service) HONORABLE
* item 25 (Separation Authority) ARMY REGULATION 635-40 (Physical Evaluation for Retention, Retirement, or Separation) PARAGRAPH 4-24B(2)
* item 26 (Separation Code) SFK
* item 27 (Reentry Code) 4
* item 28 (Narrative Reason for Separation) DISABILITY, TEMPORARY
4. 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 that the SPD code SFK is the appropriate code to assign to Soldiers separated under temporary disability under the provisions of Army Regulation 635-40, paragraph 4-24. The SPD/RE Code Cross Reference Table stipulates that an RE-4 code will be assigned to members separated under these provisions with an SPD code of SFK.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior Service, into the Regular Army, the USAR, and the ARNG.
a. Table 3-1 includes a list of the Army RE codes:
(1) 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.
(2) 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 unless a waiver is granted.
(3) RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification.
b. Paragraph 3-24 states that RE codes may be changed only if they are determined to be administratively incorrect.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her RE code should be changed so she may receive a waiver to reenter the ARNG was carefully considered. However, there is insufficient evidence to support her contention.
2. By regulation, members separated by reason of temporary disability under the provisions of Army Regulation 635-40, paragraph 4-24 are assigned an SPD code of "SFK" and an RE code of "4." Therefore, the SPD and RE codes assigned to the applicant are in conjunction with her narrative reason for separation and they are appropriate and remain valid.
3. In view of the foregoing, there is no basis for granting her 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 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) AR20140011301
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ABCMR Record of Proceedings (cont) AR20140011301
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