BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150014351 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150014351 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. BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150014351 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 an upgrade of his reentry (RE) code from RE-4 to a more favorable code so he can reenter the service to continue his military career. He did not wish to be separated, and he was unable to appeal the medical evaluation board (MEB) at the time of separation. He is now able to care for his family and himself without issues, so he should be able to continue with his military service. 2. The applicant states his RE code is preventing him from reentering military service. 3. The applicant provides his DD Form 214 (Certificate of Release of Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 4 March 2009 and he held military occupational specialty (MOS) 91B (Wheeled Vehicle Mechanic). He was promoted to the rank/grade of specialist (SPC)/E4. 2. On 6 December 2012, an informal physical evaluation board (PEB) convened at Fort Sam Houston, TX, and found him physically unfit due to major depressive disorder, single episode, severe with psychotic features. The PEB assigned a 50 percent (%) disability rating and recommended his placement on the temporary disability retired list (TDRL) with reexamination in September 2013. The applicant concurred with the PEB's findings and recommendation and waived his right to a formal hearing of his case. 3. On 30 March 2013, he was retired and placed on the TDRL. His DD Form 214 shows he was retired in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), by reason of temporary disability. This form also shows he completed 4 years and 27 days of creditable active service. Item 26 (Separation Code) shows the entry "SEK" and item 27 (RE Code) shows the entry "4." 4. On 2 September 2016, a TDRL PEB convened at Fort Sam Houston, TX. The PEB found his condition had not improved to the extent that he was fit for duty. His rating was increased to 70% and thus warranted his permanent retirement. He concurred with the findings and recommendation. 5. On 12 September 2016, the U.S. Army Physical Disability Agency (USAPDA), Washington, DC, published Order 256-12, administratively removing him from the TDRL effective 17 October 2016 and permanently retiring him for disability. REFERENCES: 1. Army Regulation 635-40 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. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. 2. Army Regulation 635-40, paragraph 7-2, provides that an individual may be placed on the TDRL (for the maximum period of 5 years allowed by Title 10, U.S. Code, section 1210) when it is determined that the individual's physical disability is not stable and he or she may recover and be fit for duty or the individual's disability is not stable and the degree of severity may change within the next 5 years so as to change the disability rating. 3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Active Army, Army National Guard (ARNG), and U.S. Army Reserve (USAR). 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 reentry codes. Table 3-1 includes a list of Regular Army RE codes: * RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met * RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted * RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD "SFK" is the correct code for Soldiers separating under paragraph 4-24b(2) of Army Regulation 635-40 for temporary disability. 5. Army Regulation 635-5, paragraph 2-1(b)3, provides that a DD Form 214 will not be prepared for Soldiers removed from the TDRL. 6. 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 a corresponding RE code. The table in effect at the time of his discharge shows the SPD code of "SFK" had a corresponding RE code of "4." DISCUSSION: 1. The applicant contends his RE code should be upgraded from RE-4 to a more favorable code so he may reenter the Army. 2. The applicant’s retirement was based on a PEB decision that found him physically unfit and transferred him to TDRL. At the time of his retirement and placement on the TDRL, he was assigned SPD code of “SEK” and RE code "4." However, SPD code “SEK” was not the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-40, paragraph 4-24b(2). The SPD code of “SEK” is incorrect; the correct SPD is “SFK”. 3. The RE code was assigned because he was retired due to his physical disability. The underlying reason for his discharge was his medical disability that resulted in his disability retirement. The only valid type of separation permitted under that paragraph is "Retirement” and the appropriate reason is temporary disability. The RE code associated with this type and reason for separation is RE-4. This is correctly shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014351 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014351 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2