Expert: Rod Powers - 11/16/2007

Question
I am submitting a request to the Board of Corrections for an upgrade to my RE-4 code in hopes of re-enlisting.  I have a couple of different questions.
  #1 - I was issued a DD-214 when I was placed on the TDRL for moderate bronchial asthma.  I was given an RE-4 code, and a separation code of SFK (temporary disability).  About a year later the PEB's final recommendation was permanent retirement, now stating reason of minimal to mild asthma.  All the recruiters I have spoken with have said that I should have received a new DD-214 when I was taken off the TDRL and given my permanent discharge, and that the SPD code should have been changed as well as probably the RE code.  Are they correct?  
   #2 - My recruiters have seen several discharges for asthma, but they have all been RE-2's and RE-3's.  Is an RE-4 code justified in my situation?
   #3 - I am also arguing the medical diagnosis.  Before I was put on the TDRL I had been treated for bronchitis and pneumonia, which I don't feel was taken into consideration before the MEB and PEB arrived at a diagnosis of asthma.  During the year or so I was on the TDRL I was not treated for or taking any medications for breathing problems, yet they would not overturn their diagnosis of asthma.  I have documentation from several specialist proving that I do not have asthma.  Their opinions are that the breathing problems were due entirely to infectious processes and that the asthma was a mis-diagnosis.  I know from reading other posted messages that it will take more than just the opinions of these other doctor's to get my RE-4 code changed.  Do you have any other advice?

Answer
Hi David,

>>#1 - I was issued a DD-214 when I was placed on the TDRL for moderate bronchial asthma.  I was given an RE-4 code, and a separation code of SFK (temporary disability).  About a year later the PEB's final recommendation was permanent retirement, now stating reason of minimal to mild asthma.  All the recruiters I have spoken with have said that I should have received a new DD-214 when I was taken off the TDRL and given my permanent discharge, and that the SPD code should have been changed as well as probably the RE code.  Are they correct? <<

Yes, you should have recieved a DD Form 214, with a "reason for discharge," an "SPD Code," and an "RE-Code." However, that does not necessarily mean the the RE-Code would be a "1," or a "3." If such was the case, the board may very likely have recommended that you be returned to active duty, instead of separated.

>>2 - My recruiters have seen several discharges for asthma, but they have all been RE-2's and RE-3's.  Is an RE-4 code justified in my situation?<<

Apples and oranges. Your recruiters have likely seen several discharges for asthma with RE Codes of RE-2 and RE-3, because the (many) who had RE Codes of "4," didn't come in to apply to reenlist. There are several cases of asthma (in my experience) which have resulted in discharge with an RE Code of "4."

>>#3 - I am also arguing the medical diagnosis.  Before I was put on the TDRL I had been treated for bronchitis and pneumonia, which I don't feel was taken into consideration before the MEB and PEB arrived at a diagnosis of asthma.  During the year or so I was on the TDRL I was not treated for or taking any medications for breathing problems, yet they would not overturn their diagnosis of asthma.  I have documentation from several specialist proving that I do not have asthma.  Their opinions are that the breathing problems were due entirely to infectious processes and that the asthma was a mis-diagnosis.  I know from reading other posted messages that it will take more than just the opinions of these other doctor's to get my RE-4 code changed.  Do you have any other advice?<<

I'm afraid I don't have any specific advice. In order to change your RE Code, you're going to have to convince a civilian Military Records Correction Board that the RE Code was issued in error. As much documentation as you can provide to the board will be beneficial (see my article at: http://usmilitary.about.com/cs/airforcebase/a/chgrecords.htm

If you're serious about getting this changed, I would recommend spending the few thousand dollars it would require to obtain an attorney who specializes in Military Board actions (see: http://usmilitary.about.com/od/lawyers/Lawyers_Who_Specialize_in_Military_Law.ht...).

For more information about the U.S. Military, feel free to visit my U.S. Military Information Site at: http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com