BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150019174 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: 23 May 2017 DOCKET NUMBER: AR20150019174 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: 23 May 2017 DOCKET NUMBER: AR20150019174 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) for the period ending 27 June 2014 to show a more favorable reentry (RE) code that will allow him to reenlist. 2. The applicant states, in effect, he was given an RE code of "4," meaning he was completely barred from future military service. His condition does not warrant a complete bar from military service. He would like to return to active status; however, with an RE code of "4," he cannot do so. He has recovered from his injuries and he is fit for duty. 3. The applicant provides a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 1 September 2010. He completed initial entry training and was awarded military occupational specialty (MOS) 31B (Military Police). 2. An informal Physical Evaluation Board (PEB), convened at Fort Sam Houston, TX, on 28 March 2014, found the applicant physically unfit for further service. The PEB rated him 50 percent disabled and recommended placement on the permanent disability retired list (PDRL). He concurred with the PEB's findings and recommendation and waived his right to a formal hearing on 31 March 2014. 3. The applicant was honorably retired from the Army on 27 June 2014, in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability, permanent (enhanced). His DD Form 214 shows in: * block 26 (Separation code), the entry "SEJ" * block 27 (RE code), the entry "4" 4. There is no evidence within the applicant's record, and he has not provided evidence that substantiates his contention that he is now fit for duty. REFERENCES: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Reserve. The regulation provides 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. Chapter 3 of this regulation prescribes basic eligibility for prior service applicants for enlistment. Table 3-1 includes a list of the Regular Army RE codes, and states: * an RE code of "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 * an RE code of "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 * an RE code of "4" applies to Soldiers separated from their last period of service with a non-waivable disqualification 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that separation codes are three-character alphabetic combinations, which identify reasons for and types of separation from active duty. The separation code "SEJ" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24, for disability, permanent (Integrated Disability Evaluation System (IDES)). 3. 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 separation code and a corresponding RE code. The table in effect at the time of his discharge shows the separation code of "SEJ" has a corresponding RE code of "4." DISCUSSION: 1. The applicant requests that his RE code be changed to a more favorable code that will allow him to reenlist. He contends he recovered from his injuries and is physically fit for military service. 2. The applicant’s retirement was the result of a PEB that found him physically unfit to perform the duties of his grade and specialty and recommended his placement on the PDRL. At the time of his retirement and placement on the PDRL, he received a separation code of "SEJ" and an RE code of "4." 3. The separation code "SEJ" was 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 4-24. The only valid type of separation permitted under that paragraph is "Retirement" with the reason in his case being permanent disability. Furthermore, such a discharge carries an RE code of "4." The separation code and RE code entered on his DD Form 214 are consistent with the reason and authority for his discharge. 4. The applicant's desire to reenter military service and serve his country is admirable; however, his physical disability evaluation was conducted in accordance with applicable law and regulation and he was determined to be unfit for military service. He has provided no evidence that confirms he has since been found him fit for duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014625 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019174 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2