PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            30 October 2003                   
	DOCKET NUMBER:   AR2003089809

	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	
	Ms. Yvonne J. Foskey		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 his RE code should reflect that he is no longer on the Temporary Disability Retirement List (TDRL) and that he is eligible to reenlist.  He states that he would like to reenter the military and therefore needs to have his RE code changed.

4.  The applicant’s military records show that he served on active duty for 
4 years, 6 months and 28 days, from 2 December 1993 through 29 June 1998.  He was trained and served in military occupational specialty (MOS) 67T (Helicopter Repair).  The record further shows that the applicant earned the following awards during his tenure on active duty:  National Defense Service Medal; Army Service Ribbon; Aircraft Crewman Badge; and Air Assault Badge.

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(2), Army Regulation 635-40, and the reason for his separation was temporary disability.  As a result, the applicant was placed on the TDRL and he was accordingly assigned a Separation Program Designator (SPD) code of SKF 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.  

CONCLUSIONS:

1.  The applicant’s contention that his RE-4 code should be changed was carefully considered and it was determined this claim has merit.  

2.  The evidence shows that the SPD of SFK and RE-4 code assigned to the applicant were initially correct based on his placement on the TDRL.  However, it is now inappropriate given his medical status changed and this resulted in his subsequent discharge under the provisions of paragraph 4-24b(3), 
Army Regulation 635-40, by reason of physical disability with severance pay.  

3.  By regulation, members separated by reason of physical disability with severance pay are assigned an SPD code of JFL and a corresponding RE code of RE-3.  In view of the facts of this case, it is now appropriate to correct the applicant’s record by changing these codes.  

4.  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 amending the 29 June 1998 DD Form 214 of the individual concerned by changing Item 26 (Separation Code) to read JFL and changing Item 27 (Reentry Code) to read RE-3; and by providing the individual concerned a corrected separation document.  

BOARD VOTE:  

__CLG__  __EL___  __LB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis L. Greenway
		  CHAIRPERSON

INDEX

CASE ID	AR2003089809	
SUFFIX		
RECON		
DATE BOARDED	2003/10/ 	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1998/12/02	
DISCHARGE AUTHORITY	AR635-40	
DISCHARGE REASON	Disability	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.