IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150004998 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 (RE) code be changed so he can reenlist. 2. The applicant states his RE code was based upon the findings of his disability board. Recently, he has been medically cleared to process back into the military. He is only waiting for his RE code to be changed. He has submitted all his paperwork and been cleared by the Military Entrance Processing Station (MEPS). 3. The applicant provides – * his 30 April 2009 Physical Evaluation Board (PEB) Proceedings * 27 May 2009 orders to the Temporary Disability Retired List (TDRL) * 7 July 2011 orders removing him from the TDRL and discharging him with severance pay * approximately 20 pages of medical records 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 served in the Regular Army (RA) from 13 July 1999 until 17 August 2009 when he was transferred to the TDRL as a staff sergeant. 3. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows separation program designator (SPD) code "SFK" and RE Code "4." 4. On 7 July 2011 he was removed from the TDRL and discharged due to physical disability with severance pay. 4. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes. 5. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states, in pertinent part, that SPD code "SFK" is the appropriate code to assign to Soldiers separated for temporary physical disability and transferred to the TDRL.  The SPD/RE Code Cross Reference Table included in the regulation establishes RE code "4" as the proper code to assign members separated with SPD code "SFK."  6. Army Regulation 635-8 (Separation Processing and Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge DISCUSSION AND CONCLUSIONS: 1. The applicant requests a change of his RE code so he can reenlist. He says he has been medically cleared but can’t reenlist unless his RE code is changed. 2. The applicant was separated for physical disability and was assigned the appropriate SPD and RE codes. 3. The governing regulation, states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. 4. The RE code was correct at the time the applicant was separated from active duty and it would inappropriate to change it on the basis that the applicant says his health has changed. He is advised to continue to pursue the matter through recruiting channels, through which he may be advised of any waivers or other authorizations he may need to reenlist as a result of his discharge for disability with severance pay. 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 that 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) AR20150004998 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004998 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1