BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20160012770 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: 26 January 2017 DOCKET NUMBER: AR20160012770 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: 26 January 2017 DOCKET NUMBER: AR20160012770 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 his reentry eligibility (RE) code be changed from RE-3 to RE-1. 2. The applicant states the Army discharged him because he was hit by a door in Afghanistan. The Army told him he was fit to stay in the military but the brigade doctor supported him getting out. The brigade doctor informed him that he could reenter the service if his injuries got better. He received a RE code 3 and wants to reenter the Army. He has been trying to reenter the Army for 4 years, but he needs his RE code changed to a "1." He has not collected any Department of Veterans Affairs (VA) compensation for his injuries because he feels he can still serve and is healthy. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), Bachelor of Arts diploma, and official academic transcript. 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 enlisted in the Regular Army on 9 October 2007. He served in Iraq from 8 March 2008 to 7 March 2009 and in Afghanistan from 3 August to 15 December 2010. 3. The details of his separation are not contained in the available records. His DD Form 214 shows he was released from active duty on 5 July 2012 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for a condition, not a disability. He was assigned a separation code of LFV and a RE code of 3. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority and reasons for the separation of enlisted personnel. Paragraph 5-17 provides for the separation of Soldiers on the basis of physical or mental conditions not amounting to disability that potentially interfere with assignment to or performances of duty. Such conditions may include, but are not limited to, disorders manifesting disturbances of perception, thinking, emotional control, or behavior. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) lists the specific authorities and reasons for separating Soldiers from active duty and the corresponding SPD codes to be entered on the DD Form 214. It identifies SPD code LFV as the appropriate code to assign to enlisted Soldiers involuntarily released under the provisions of Army Regulation 635-200, paragraph 5-17, based on a condition, not a disability. 3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment, reenlistment, and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes and shows RE code 3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation. They are ineligible for reenlistment unless a waiver is granted. 4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established RE code 3 as the proper RE code to assign to Soldiers separated with SPD code LFV. DISCUSSION: 1. The applicant's record shows he was separated by reason of a physical condition, not a disability, under the provisions of Army Regulation 635-200, paragraph 5-17. 2. Based on the authority and reason for the applicant's separation, he was appropriately assigned RE code 3. 3. The applicant’s RE code 3 is based on his reason for separation and cannot be changed unless his narrative reason for separation is changed. His narrative reason for separation was based on a condition, not a disability and he has provided no evidence that would support changing the reason for his separation. 4. The applicant is advised that RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however it does allow for a waiver of disqualification. Therefore, if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and may process RE code waivers. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012770 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012770 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2