ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 October 2019 DOCKET NUMBER: AR20170002353 APPLICANT REQUESTS: to change the Reentry (RE) Code in Item 27 (Reentry Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) thereby allowing him eligibility to return to military service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, period ending 8 February 2010 * DA Form 199 (Physical Evaluation Board (PEB) Proceedings), convened 31 December 2009 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, in effect, he was discharged with an RE-4. He adds he has gone to many doctors and have been cleared by all of them, stating that he has no lasting effects from his medical discharge. He states he wants to return to the Army and serve on active duty and adds he would like to get his RE Code changed so that he may be able to return to duty. Lastly, he states he had not considered coming back into the Army until recently. He adds he did not know that he was not eligible for reenlistment until he contacted a recruiter. 3. A review of the applicant’s service record shows: a. He enlisted in the Army for 3 years on 24 July 2008. b. He served in the military occupational specialty (MOS) of 11B (Infantryman) c. DA Form 199 provides: (1) Item 8b (Disability Description), shows the applicant has a health condition that was determined to be unfitting and incompatible with military service as an 11B with a recommended 30% disability percentage. (2) Item 9, shows the PEB found the applicant to be physically unfit and recommended that he be permanently retired. (3) Item 15 (Election of Soldier), shows the applicant acknowledged that he had been advised of the findings and recommendations of the PEB and received full explanation of the results of the findings and recommendations and legal rights pertaining thereto; he concurred and waived a formal hearing of his case on 5 January 2010. d. Orders 008-221, dated 8 January 2010, issued by Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, released the applicant from assignment and duty because of physical disability on 8 February 2010 and placed him on the retirement list, effective 9 February 2010. e. His DD Form 214 shows the applicant was retired honorably on 8 February 2010, under the provisions of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24B (1), due to permanent disability. He served 1 year 6 months, and 15 days of active service with no lost time. His DD Form 214 also shows, in part in Item 27, the applicant was given a RE Code of “4R”. 4. By regulation (AR 635-40), the military treatment facility (MTF) will provide a thorough and prompt evaluation when a Soldier’s condition becomes questionable in respect to physical ability to perform duty. Unit commanders will ensure that any physical defects impacting on a Soldier’s performance of duty are reflected in the Soldier’s evaluation report and refer the Soldier to the servicing MTF for medical evaluation when the Soldier is believed to be unable to perform the duties of his or her office, grade, rank, or rating. It also states that the MTF commander having primary medical care responsibility will conduct an evaluation of the Soldier referred for evaluation. If it appears that the Soldier is not medically qualified to perform duty, the MTF commander will refer the Soldier to a medical evaluation board (MEB). The MEB will recommend referral to a physical evaluation board (PEB) those Soldiers who do not meet retention standards. 5. By regulation (AR 635-5-1) Separation Program Designators), Soldiers separated under the provisions of AR 635-40, paragraph 4-24b(1), disability, permanent, are assigned SPD Code “SFJ”, the RE Code associated with this SPD Code is “4.” 6. By regulation (AR 601-210) Regular Army and Army Reserve Enlistment Program), Table 3-1 included a list of the 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 time of separation, but disqualification is waivable. They are ineligible for enlistment unless a waiver is granted * RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification; they are ineligible for enlistment. * RE-4R applies to a person who retired for length of service with 15 or more years of active federal service (AFS); they are ineligible for enlistment 7. The SPD/RE Code Cross Reference Table in effect at the time of his discharge 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 SPD Code "SFJ" has a corresponding RE Code "4.” BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that there is nothing to reflect an error or injustice. Based upon the regulatory guidance for the reason the applicant was separated, the Board determined the RE code currently reflected on the applicant’s DD Form 214 was appropriate. 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 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. AR 40-501(Medical Services – Standards of Medical Fitness), chapter 3, provides the various medical conditions and physical defects which may render a Soldier unfit for further military service. The medical conditions and physical defects, individually or in combination, are those that: a. Significantly limit or interfere with the Soldier’s performance of their duties. b. May compromise or aggravate the Soldier’s health or well-being if they were to remain in the military service. c. May compromise the health or well-being of other Soldiers. d. May prejudice the best interests of the Government if the individual were to remain in military service. 3. AR 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. The regulation provides that the military treatment facility (MTF) will provide a thorough and prompt evaluation when a Soldier’s condition becomes questionable in respect to physical ability to perform duty. Unit commanders will ensure that any physical defects impacting on a Soldier’s performance of duty are reflected in the Soldier’s evaluation report and refer the Soldier to the servicing MTF for medical evaluation when the Soldier is believed to be unable to perform the duties of his or her office, grade, rank, or rating. It also states that the MTF commander having primary medical care responsibility will conduct an evaluation of the Soldier referred for evaluation. If it appears that the Soldier is not medically qualified to perform duty, the MTF commander will refer the Soldier to a medical evaluation board (MEB). The MEB will recommend referral to a physical evaluation board (PEB) those Soldiers who do not meet retention standards. 3. AR 635-5-1, provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. SPD code SFJ is the appropriate code to assign to Soldiers separated under the provisions of AR 635-40, paragraph 4-2b(1) Disability, Permanent. 4. AR 601-210, covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table 3-1 included a list of the 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 time of separation, but disqualification is waivable; they are ineligible for enlistment unless a waiver is granted * RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification; they are ineligible for enlistment * RE-4R applies to a person who retired for length of service with 15 or more years of active federal service (AFS); they are ineligible for enlistment 5. The SPD/RE Code Cross Reference Table in effect at the time of his discharge 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 SPD code "SFJ" has a corresponding RE code "4.” NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170002353 4 1