PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            19 October 2000                  
	DOCKET NUMBER:    AR2000038179

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr. .		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz, Jr.		Chairperson	
	Ms. Tracey L. Pinson		Member	
	Mr. Christopher J. Prosser		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his reentry (RE) code be corrected.

3.  The applicant states that his current reentry code RE-4R indicates that he is a double amputee and ineligible for reentry onto active duty. 

4.  The applicant’s military records show that he entered the Regular Army on 31 March 1978.  He completed training as a fire support specialist serving until his honorable separation on 30 June 1981 under the provisions of Title 10 United States Code, Section 1202, for Physical Disability-Temporary with a Separation Program Designator (SPD) Code of SFK and a RE-4R code.

5.  On 27 February 1981 a physical evaluation board (PEB) found him physically unfit and recommended that he be placed on the temporary disability retired list (TDRL) effective 1 July 1981 with a 30% disability rating.

6.  On 23 November 1982 the applicant underwent a TDRL reexamination.  The PEB’s recommendation was: “Service member remains unfit for military service due to residuals from frozen feet and profile which limits assignments to “cold” weather.  His condition has improved significantly and he is now bothered only by mild subjective symptoms.  His condition has stabilized and PEB recommends separation with severance pay.”  On 8 December 1982 the Physical Disability Agency approved the recommendation.

7.  On 31 December 1982 he was removed from the TDRL and separated from the Army with a 10 percent disability rating.

8.  Army Regulation 635-5, provides, in pertinent part that a soldier being separated with a separation code of “SFK” will be awarded a RE code of RE-4. 

9.  Pertinent Army regulations provide 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.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes. 

10.  RE-4 applies to persons not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification. 

11.  RE 4R applies to persons retired for length of service with 15 or more years active federal service.  The applicant had less than 15 years active federal service at separation.

CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case. 

2.  However, at the time of his separation from the service he was incorrectly issued a RE code of RE-4R.  Therefore, it would be appropriate at this time to correct his records to show that his RE code should be RE-4. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was issued a RE code of  RE-4, vice the RE code of RE-4R currently shown on his DD Form 214 for the period ending 30 June 1981.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

___ewl__  ___tlp ___  ___cjp __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Ernest W. Lutz, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2000038179	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001019	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.030	
2.		
3.		
4.		
5.		
6.