IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090016875


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 her reentry (RE) code of 4 be changed to an RE code of 3.

2.  The applicant states she is trying to join the Reserve and she believes her RE code should be changed based on her assigned separation program designator (SPD) code of "JBL."  

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows:

	a.  creditable service in the Regular Army from 21 April 1992 through 6 April 1995, a total of 2 years, 11 months, and 16 days;

	b.  she was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of "physical disability with severance pay"; and

	c.  she was assigned an SPD code of "JFL" and an RE code of 4.

3.  Army Regulation 635-5-1 (SPD Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of the Department of Defense and the Military Services to assist in the collection and analysis of separation data.  The SPD code of "JFL" is the correct code for Soldiers separating under the provisions of Army Regulation 635-40 by reason of physical disability with severance pay.

4.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  This cross reference table shows the SPD code and corresponding 
RE code.  The SPD code of "JFL" has a corresponding RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that she be assigned an RE code of 3, based on her assigned SPD code of "JBL."  

2.  The applicant was discharged by reason of physical disability with severance pay.  The appropriate SPD code is "JFL" and the corresponding RE code is 3.  The applicant's DD Form 214 is incorrect.

3.  There is no SPD code "JBL."


BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the RE Code on her DD Form 214 from RE-4 to RE-3.




      _______ _   _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)                                         AR20090016875



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ABCMR Record of Proceedings (cont)                                         AR20090016875



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