IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150008586 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry (RE) code that will allow him to enroll in the Reserve Officer Training Corps (ROTC) or join the military service. 2. He states his RE code is incomplete. 3. He does not provide any 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. After having prior service in the Army National Guard (ARNG), the applicant enlisted in the Regular Army (RA) on 29 May 2008. 3. On 10 November 2009, a Physical Evaluation Board (PEB) convened and considered the applicant's condition of tenosynovitis. The PEB stated that his chronic right knee pain required a waiver for entry on active duty. The pain reoccurred upon an increase in training. Running and performing quick bursts of movement, which was a requirement in his military occupational specialty as an infantryman, exacerbated his knee pain. The PEB found the applicant was physically unfit and recommended a combined disability rating of 10 percent and that his disposition be separation with severance pay. 4. On 16 November 2009, the applicant concurred with the PEB's findings and recommendations. He waived a formal hearing in his case. 5. His DD Form 214 shows the Army honorably discharged him on 21 December 2009. It further shows in: * Item 25 (Separation Authority) - Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4 * Item 26 (Separation Code) - "JFO" * Item 27 (Reentry Code) - "3" * Item 28 (Narrative Reason for Separation) - Disability, Severance Pay, Non-Combat Related 6. Army Regulation 635-5-1 (Separation Program Designator (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 that the SPD code JFO is the appropriate code to assign to Soldiers separated for disability, severance pay, non-combat related under the provisions of Army Regulation 635-40, paragraph 4-24. The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of JFO. 7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA, the U.S. Army Reserve, and the ARNG. a. Table 3-1 includes a list of the Army RE codes: (1) 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. (2) 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. (3) RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. b. Paragraph 3-24 states that RE codes may be changed only if they are determined to be administratively incorrect. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his RE code should be changed so he may enroll in ROTC or join the military service was carefully considered. However, there is insufficient evidence to support his contention. 2. By regulation, members separated by reason of disability, severance pay, non-combat related under the provisions of Army Regulation 635-40, are assigned an SPD code of "JFO" and an RE code of "3." Therefore, the SPD and RE codes assigned to the applicant are in conjunction with his narrative reason for separation and they are appropriate and remain valid. 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) AR20150008586 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008586 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1