MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 February 2001
	DOCKET NUMBER:   AR2000047066

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

	Mr. Carl W. S. Chun		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr . 		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his reentry (RE) code be changed to permit him to reenlist in the Army.

APPLICANT STATES:  That his RE code reflects his medical condition at the time of his separation and placement on the temporary disability retired list (TDRL).  He is now fully fit for duty and wants to reenlist.  In support of his application, he provides a copy of his separation document, orders removing him from TDRL, DA Form 199 (Physical Evaluation Board Proceedings), dated           2 December 1997, and an associated memorandum to the recruiting brigade.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Army on 12 July 1984 for 2 years.  He completed his initial training and the basic airborne course and was assigned for duty as a combat engineer (12B1P).  He attained the rank of specialist four and was honorably released from active duty on 11 July 1986.

He enlisted again in the Army on 21 April 1988 and attained the rank of sergeant on 1 October 1992.  On 26 October 1995 he was separated from active duty and placed on the TDRL.  His Certificate of Release or Discharge from Active Duty (DD Form 214) shows that he was honorably separated under the authority of Army Regulation 635-40, Paragraph 4-2b(2) due to a temporary physical disability.  His separation code of SFK reflects his temporary disability and his RE-4 reflects his ineligibility to reenlist.

On 2 December 1997 the Chief, Physical Disability Branch (PDB), United States Total Army Personnel Command (PERSCOM) found the applicant again fit for military duty and removed him from the TDRL.

On 22 December 1997 the Chief, PDB provided a memorandum to the Commander, United States Army 2nd Recruiting Brigade, Forest Park, Georgia, directing that the applicant be afforded the opportunity to reenlist.  Attached to that memorandum was an election statement informing the applicant that he had 90 days in which to make an decision.  The applicant indicated his desire to enlist.

Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE Codes including RA RE codes.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.  Applicants who have correct RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized.  No requirement to change an RE code exists to qualify for enlistment.

Section XV of that regulation provides for special processing for members removed from the TDRL.  Paragraph 5-56 authorizes consideration of medical waivers for RA and Reserve enlistment for former enlisted members if their names have been removed from the TDRL.  Such requests are to be submitted to PERSCOM or to the Army Reserve Personnel Command (ARPERSCOM) for approval or disapproval.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s separation under the provisions of Army Regulation 635-40 was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

2.  At the time of his discharge the applicant was found to be physically unfit for military service.  Accordingly, an RE-4 code was assigned to reflect this disability.

3.  Upon determination that the applicant was again physically fit for duty, he was properly removed from the TDRL and provided a 90 day period in which to request enlistment into the Army.  Even though he elected to do so, it appears that he did not enlist at that time.

4.  Regulatory guidance clearly provides that the applicant may request a waiver of his RE-4 since it was assigned on the basis of a medical condition that no longer exists requiring his removal from the TDRL.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __TSK___  ___SK____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000047066	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.