ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 February 2019 DOCKET NUMBER: AR20160012075 APPLICANT REQUESTS: Upgrade his Reenlistment Code (RE) from RE 3 to RE 1. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Physical Evaluation Board (PEB) findings, dated 4 August 2014 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 26 September 2014 * letter from Dr. Kxx E. Pxxxxx, DC, dated 14 June 2016 * self-authored letter, dated 17 June 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states after seeing the Army doctors and the Veterans Affairs doctors, he finally saw a chiropractor and feels his issues were not as serious as they were made out to be when he was in the Army. He feels at the time of the injury, he was not given the proper type of medical care that would allow him to continue his service. Now that he knows the injury was not as serious, he is trying to reenter the service as he is fully capable. 3. The applicant provides a self-authored letter wherein he states he is trying to rejoin the military and has been instructed to request a change to his RE code in order to join. He states he was given physical therapy for his injury while he was in the military, but it did not help. His unit was receiving reports that he was improving, but instead he was recommended for a PEB. Since his discharge, he has been seeking other medical opinions. He's been working with a chiropractor and the applicant believes his diagnosis, while in the Army was not correct. He is now fully mission capable, pain free, and able to meet the standards. 4. The applicant also provides a letter from his chiropractor, Dr. Kxx E. Pxxxxx, D.C. who states the applicant's prognosis is: "excellent at this time. His case is uncomplicated and continuous improvement is expected without residual complications. In relation to his initial injury reported March 2013 and re-injury October 2013, his condition has plateaued and is stable. It is my opinion, and dependent on a military physical assessment, that [applicant] be considered for re-enlistment into military service if he so desires." 5. Prior to being discharged from the service, the applicant received a PEB for his back pain. The board found the applicant was physically unfit and recommended a rating of 20 percent. They further recommended the applicant be separated with severance pay. 6. The applicant's records contain and the applicant provides a DD Form 214 which shows he was honorably discharged from the service after 2 years of service. The reason for the separation was disability with severance pay and he received an RE Code 3. 7. According to Army Regulation 601-210 (Active and Reserve Components Enlistment Program) RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service. The applicant's RE code is consistent with the reason for his separation. BOARD DISCUSSION: 1. The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. According to Army Regulation 601-210 (Active and Reserve Components Enlistment Program) RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service. The applicant's RE code is consistent with the reason for his separation at the time. For this reason, the Board denies his request to upgrade his RE code. 2. However, the Board applauds the applicant’s intention to re-enter the service. If the applicant is still interested in re-entry into the Army, the Board recommends he see his recruiter to submit a request to waive the RE code and pursue reenlistment. BOARD VOTE: Member 1 Member 2 Member 3 : : : 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 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. ADMINISTRATIVE CORRECTION: Not applicable. REFERENCES: 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. 2. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes. * RE-1 applies to Soldiers completing their terms of active service who are considered 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 3. The All Army Activity (ALARACT) message 147 2008, dated 13 June 2008 provided the implementation of new separation program designator (SPD) codes for the disability-related provisions of the National Defense Authorization Act (NDAA) 2008 and the disability evaluation system (DES) pilot program. It identified SPD code "JEB" as the appropriate code to assign to enlisted Soldiers who are administratively discharged under the provisions of Army Regulation 635-200, chapter 4, based on a disability with severance pay. ABCMR Record of Proceedings (cont) AR20160012075 4