ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20160019525 APPLICANT REQUESTS: correction of his Reentry Code (RE) Code from RE-4 to a better code so he may reenter military service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: Online DD Form 149 (Application for Correction of Military Record) 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 (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 his RE Code needs to be changed so that he can reenlist in the U.S. Army. He believes the record is in error or unjust because he says it is with good conscious that he can reenlist in the U.S. Army. His health has recovered and he remains ready for military service. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 9 January 2008. He held military occupational specialty 11C (Indirect Fire Infantryman). b. On 2 October 2009, a physical evaluation board (PEB) convened and found his medical condition of bipolar disorder unfitting. The PEB rated his condition at 30% and his disposition as permanent disability retirement. c. He retired on 2 December 2009 due to disability and he was placed on the retired list in his retired grade of E-4 on 3 December 2009. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-23b(1), by reason of disability. This form also shows he completed 1 years, 10 months, and 24 days of creditable military service. His DD Form 214 also shows in: * item 26 (Separation Code) - SFJ * item 27 (Reentry Code) – 4 4. By regulation (AR 601-210), there are three RE Codes used by the Army: * 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 time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted * RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification 5. By regulation (AR 635-5-1), the Separation Code "SFJ" is the correct code for Soldiers separating under paragraph 4-24b (1) of AR 635-40 for permanent disability. 6. The Separation Code/RE Code 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 "SFJ" had a corresponding RE code of "4." BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. He was retired by a PEB because his medical condition was found to be unfitting for continued service. As a result of his medical retirement, he received the Separation Code of SFJ and the corresponding reenlistment code of RE-4. Based upon the documentary evidence provided by the applicant and found within the military service record, as well as the facts and circumstances surrounding the applicant’s separation, the Board concluded that the RE Code the applicant received upon discharge was not in error or unjust. 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. 11/13/2019 X CHAIRPERSON Signed by 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 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 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 * RE-4 applies to Soldiers separated from their last period of service with a nonwaivable disqualification 6. Army Regulation 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 "SFJ" is the correct code for Soldiers separating under paragraph 4-24e (1) of Army Regulation 635-40 for permanent disability. 9. 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 "SFJ" had a corresponding RE code of "4"shows the SPD code of "JFO" had a corresponding RE code of "3." NOTHING FOLLOWS