IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100014869 


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 that his reentry eligibility (RE) code be changed from RE-3 to RE-1.

2.  The applicant states he had physical disabilities when he was discharged, but they were treated and rehabilitated.  He is now rated physically fit.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Department of Veterans Affairs medical progress notes.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 September 2005.  Upon completion of initial entry training he was awarded military occupational specialty 19D (Cavalry Scout).

2.  On 18 August 2009, he appeared before a physical evaluation board (PEB) and was found medically unfit to perform the duties required of a Soldier.  The PEB recommended his separation with severance pay.  The PEB concluded that his disability resulted from a combat-related injury.

3.  On 11 November 2009, he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, for disability with severance pay, combat related.

4.  Item 26 (Separation Code) of his DD Form 214 shows the entry "JFI," item 27 (Reentry Code) shows he was given an RE code of "3," and item 28 (Narrative Reason for Separation) shows the entry "disability, severance pay, combat related."

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  This regulation provides 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.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes, including Regular Army RE codes.

* RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable
* RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, provided all other qualifications are met

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific reasons for separating Soldiers from active duty and the separation codes to be entered on the DD Form 214.  It provides that when a Soldier's narrative reason for separation is "disability, severance pay," a separation code of "JFL" will be entered in item 26 of the DD Form 214.

7.  The SPD/RE Code Cross Reference Table states that when the SPD code is JFL then the RE code 3 will be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his RE code changed from RE-3 to RE-1 has been carefully considered.

2.  He was assigned an SPD code of "JFI" indicating he was discharged due to a combat-related disability with severance pay.

3.  The RE-3 establishing his enlistment/reenlistment ineligibility without waiver was correctly entered on his separation document in accordance with governing regulations.

4.  There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE-3.  The applicant's desire to continue in the service of his country is noted; however, there are no provisions authorizing the change of an RE code for this purpose.

5.  Based on the foregoing, there is no basis for granting the applicant's requested relief.

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 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)                                         AR20100014869



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014869



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1