PROCEEDINGS

	IN THE CASE OF:          .

	BOARD DATE:              25 September 2003                
	DOCKET NUMBER:     AR2003089685

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Linda D. Simmons 		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, in effect, that his reentry (RE) code of RE-4 be changed to a more favorable RE code.

3.  The applicant states, in effect, that a change in his RE-4 code would allow him to reenlist in the Army and fight along side of his brothers.  

4.  The applicant’s military record shows that he served on active duty for 
3 years, 7 months and 16 days, from 23 May 1989 through 8 January 1993 when he was honorably separated.  He was trained and served in military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic), and the highest rank he attained while serving on active duty was private/E-2.  The record further shows that the applicant earned the following awards during his tenure on active duty:  National Defense Service Medal; Army Service Ribbon; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; Southwest Asia Service Medal with 3 bronze service stars, and the Kuwait Liberation Medal.  

5.  The separation document (DD Form 214) issued to the applicant on the date of his separation confirms that the authority for his discharge was paragraph 
4-24b(3), Army Regulation 635-40, and the reason for his separation was physical disability with severance pay.  This document also verifies that based on the authority and reason for his discharge, he was assigned a Separation Program Designator (SPD) code of JFL and an RE code of RE-4.

6.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (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, including RA RE codes.  RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.  RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation but, the disqualification is waivable.  

7.  Table 4-1 of Army Regulation 601-210 provides a list of all waivable moral and administrative disqualifications.  It confirms that those individuals who separated from any component of the Army for medical reasons, to include separation with or without disability severance pay, are disqualified from reenlistment; however, this disqualification is waivable. 

8.  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.  The SPD code of JFL was the appropriate code for the applicant based on the guidance provided in this regulation for soldiers separating under the provisions of paragraph 4-24b(3), Army Regulation 635-40, by reason of physical disability with severance pay.

9.  The SPD/RE Code Cross Reference Table used in conjunction with Army Regulation 635-5-1 establishes RE-3 as the proper reentry code to assign to soldiers who are separated with an SPD code of JFL, by reason of physical disability with severance pay. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his RE-4 code should be upgraded, and it finds this claim has merit.  

2.  The evidence of record confirms that the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b(3), by reason of physical disability with severance pay.  It also verifies that he was assigned a SPD code of JFL and an RE-4 code.

3.  The Board finds that the RE-4 code assigned the applicant was inappropriate based on the authority and reason for his discharge.  Under the regulatory guidelines, members assigned an SPD code of JFL should be assigned a corresponding RE code of RE-3.  By regulation, RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation but the disqualification is waivable.  Thus, the Board concludes that it would be appropriate to change the applicant’s RE code to RE- 3 at this time.  

4.  The applicant is advised to contact a local recruiter to determine his eligibility to reenlist based on the recommended change in his RE code.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was issued a reentry code of RE-3 and by  providing him a corrected separation document that reflects this change.

BOARD VOTE:  

__JS__  __LDS___  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JOHN N. SLONE
		CHAIRPERSON

INDEX

CASE ID	AR2003089685	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	 GRANT	
REVIEW AUTHORITY		
ISSUES         1. 4	100.0300	
2.		
3.		
4.		
5.		
6.