BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120019987 


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 amendment of his reentry eligibility (RE) code from "3" to "1."

2.  The applicant states his discharge was due to the findings of a medical evaluation board (MEB) that found his condition 10-percent disabling.  Since then he had fusion surgery that corrected the problem for which he was discharged.

3.  The applicant provides no additional evidence.

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.  On 2 April 2004, the applicant enlisted in the Army National Guard.  He completed initial entry training and was awarded military occupational specialty 92A (Automated Logistical Specialist).

3.  On 5 March 2007, he was ordered to active duty in support of Operation Enduring Freedom.

4.  On 18 July 2007, U.S. Army Installation Command, Headquarters, U.S. Army Garrison, Fort Gordon, Fort Gordon, GA, issued Orders 199-0912 assigning him to the U.S. Army Transition Point effective 25 July 2007 with a 10-percent disability rating.

5.  His DD Form 214 shows he was honorably discharged for disability with severance pay on 25 July 2007.  The form shows in:

* item 25 (Separation Authority) – "AR 635-40, PARA 4-24B(3)"
* item 26 (Separation Code) – "JFL"
* item 27 (RE Code) – "3"

6.  His medical records are not available for review.

7.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation states separation code "JFL" applies to Soldiers discharged for disability with severance pay under the provisions of Army Regulation 635-40.

9.  The SPD/RE Code Cross Reference Table in effect at the time of the applicant's discharge for disability with severance pay shows that Soldiers who were assigned an SPD code of "JFL" would be assigned an RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's statement that he had fusion surgery since his discharge which corrected his medical condition is noted.

2.  The evidence of record shows he was discharged for disability with severance pay.  As a result, he was properly assigned RE code "3."  In the absence of evidence showing an error in the assignment of this RE code, there is no basis for changing it.  He was disqualified from reenlistment; however, the disqualification is waivable.

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

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)                                         AR20120019987



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ABCMR Record of Proceedings (cont)                                         AR20120019987



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