ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  26 February 2019

	DOCKET NUMBER:  AR20160015119


APPLICANT REQUESTS:  His reentry code be changed to allow him to continue to 
serve.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 5 September 2012

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), Section 1552 (b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 "SEJ" is actually his disability code.  He was discharged with a 
psych label to cover up the fact that he attempted to stop two rapes; he told his unit 
[Echo Company, 551st Signal Battalion] but was ignored.  The male and female who he 
tried to protect got injured and he got labeled so his story would be discredited.  He was 
not allowed to take his physical fitness test in order to get to his unit in Brooklyn.  He 
was injured and had to deal with racism.  He had to withdraw his comments if he 
wanted to keep his honorable discharge.  He needs his reentry (RE) code changed so 
he can continue to serve his country.

3.  The Soldier enlisted in the New York Army National Guard in March 2010. 

4.  The available record does not contain any service medical records except his 
entrance examination and his Physical Evaluation Board (PEB) proceedings.  The PEB 
narrative notes:

	a.  He reported to Advanced Individual Training at Fort Gordon, GA on 13 June 
2011.  

	b.  He was referred, on 1 July 2011 by his chain of Command, for mental health 
evaluation due to exhibiting difficulties completing tasks, tardiness, and poor social 
skills.  

	c.  The MEB psychiatrist found the applicant was suffering from a cognitive disorder 
and indicated that he found no evidence that his condition existed prior to service. 
.
	d.  The PEB found the applicant physically unfit and recommended that he be 
assigned a 50 percent (%) disability rating for a cognitive disorder and be placed on the 
Permanent Disability Retired List.
 
5.  The applicant was honorably retired on 25 September 2012.  The DD Form 214 he 
was issued shows he was discharged under the provisions of Army Regulation 635-40 
(Physical Evaluation for Retention, Retirement, or Separation), chapter 4, with a 
separation code of "SEJ" and RE code of "NA."

6.  Army Regulation 635-5-1 provides that separation code "SEJ" is the appropriate 
code for Soldiers separating by reason of permanent disability.

7.  The Separation Program Designator (SPD)/RE Code Cross Reference Chart shows 
the separation code "SEJ" is aligned to RE code "4."

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board agreed the applicant’s medical 
retirement requires a reentry code in which prohibits him from reentering military 
service.

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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.


ADMINISTRATIVE NOTE(S):

A review of the applicant's record shows his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 25 September 2012, has incorrect 
entry(ies) that require correction.  As a result, amend the DD Form 214 by deleting the 
current RE code shown in item 27 (Reentry Code), replacing it with the RE code "4." 

?
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 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 635-5-1 (SPD Codes) prescribes the specific authorities (statutory 
or other directives), reasons for separating Soldiers from active duty, and the separation 
codes to be entered on DD Form 214.  

	a.  Separation codes are three-character alphabetic combinations that identify 
reasons for, and types of, separation from active duty . The primary purpose of 
separation codes is to provide statistical accounting of reasons for separation.  They are 
intended exclusively for the internal use of Department of Defense and the military 
services to assist in the collection and analysis of separation data.

	b.  The SPD Code Table shows the separation code "SEJ" is utilized to designate 
separation for a permanent disability (Enhanced).

3.  Army Regulation 601–210 (Active and Reserve Components Enlistment Program) 
states an RE code is not upgraded unless it was administratively incorrect when 
originally issued.

	a.  RE code "1" applies to personnel who have completed their obligated term of 
active service and are considered qualified to reenter the U.S. Army if all other criteria 
are met.

	b.  RE code "3" applies to personnel who are not considered fully qualified for 
reentry or continuous service at time of separation, but whose disqualification is 
waivable.  They are ineligible unless a waiver is granted.

	c.  RE code "4" applies to personnel separated from last period of active duty service 
with a nonwaivable disqualification.  

	d.  The SPD/RE Code Cross Reference Table included in the regulation establishes 
RE code "4" as the proper code to assign members separated with the separation code 
"SEJ."  

ABCMR Record of Proceedings (cont)	 AR20160015119
	
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