ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 April 2019

	DOCKET NUMBER:  AR20160014427


APPLICANT REQUESTS: change to his Reentry (RE) Code and a personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 38 (Recommendation for Award)
* Disability Information Report

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 he received an RE-3 and he feels he qualifies for a waiver.  He has supporting documents that show he is mentally competent and physically qualified.  He has attempted to reenlist immediately after leaving the service but the recruiter told him that with his RE Code, he would not be able to reenlist into the Army.  So as the years went on, he decided he would keep trying because he has heard several people reenlisting into the Army after having been med boarded out.  He is still physically fit and capable of performing his duties and he is mentally competent.

3. He provides:

* DA Form 638 that awarded him the Army Commendation Medal for meritorious service as a chaplain's assistant from February 2010 to January 2012
* Physical Disability Information Report reflecting his disability information 

4.  Review of the applicant's records shows: 

	a.  28 January 2010 - he enlisted in the Regular Army. 

	b.  23 August 2011 - a physical evaluation board (PEB) convened and found him physically unfit due to narcolepsy, existed prior to service.  The PEB recommended his separation without disability benefits (preexisting condition).  

	c.  12 August 2012 - he was honorably discharged in accordance with paragraph    4-24b(4) of Army Regulation (AR) 635-40 (Physical (now called Disability) Evaluation for Retention, Retirement, or Separation) by reason of "Disability - Existed Prior to Service."  He was assigned Separation Code "JFM" and RE Code 3. 

5.  By regulation (AR 635-40) authorizes the separation of enlisted Soldiers due to disability without severance pay when the disability existed prior to service. 

6.  By regulation (AR 635-5-1), Separation Code "JFM" was the appropriate code for Soldiers separating under the provisions of AR 635-40, paragraph 4-24b(4), for "Disability, Existed Prior to Service, Physical Evaluation Board."  Furthermore, such a discharge carries an RE code of "3."  

7.  An RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waiverable.  If the applicant still desires to reenter the military, he should contact a local recruiter who can best advise a former service member as to the needs of the Army at the time.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the physical condition the applicant has, the Board found that the RE code received at the time of discharge was appropriate, because it is waiverable.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 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.

	 
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.




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Active Army, Army National Guard, and U.S. Army 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 prescribes basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces reentry codes.  Table 3-1 includes a list of Regular Army RE codes:

* 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
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted

3.  AR 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of "JFM" is the correct code for Soldiers separating under paragraph 4-24b(4) of AR 635-40 for disability -existed prior to service. 

4.  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 SPD code and a corresponding RE code.  The table in effect at the time of his discharge shows the SPD code of "JFM" had a corresponding RE code of "3."

ABCMR Record of Proceedings (cont)	 AR20160014427


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