ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 September 2019 DOCKET NUMBER: AR20170003372 APPLICANT REQUESTS: a change to her 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) * Self-Authored Letter * Physician Letter * Birth Certificate * Social Security Card * DA Form 199 Physical Evaluation Board Proceedings * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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: a. At the time of the MED board process, she was always very clear that the condition that was causing her medical issues at the time was pain in her uterus and due to a cone-biopsy surgery that was performed by a Navy GYN doctor in Camp Arifijan, Kuwait. After the surgery she did not receive the proper care by the medical personnel at Fort Campbell, Kentucky, and therefore her condition did not improve. The condition would have been manageable with the right treatment. The conditions listed on her VA paperwork are incorrect and for that reason, the VA was not able to continue her claim nor her treatment, preventing her from receiving proper care. b. After being out of the military a few years and having the opportunity to seek and receive proper treatment, she has been cleared from any medical issues specifically from the medical condition that caused her discharge. Currently she is not being treated nor is she under the care of any doctor for this or any other reason. Her physical or medical condition at the time is not as severe as a condition that would grant a RE 4. She believes that there was a misunderstanding during the MED board proceedings and the wrong code was issued on her DD Form 214. c. Since last year, she started doing research to reenlist in the military and with the help of a recruiter, she discovered that she was issued a severe RE code. It is her desire to reenlist and continue her career and serve her country and this is preventing her from accomplishing her goal. She currently meets all the physical standards for enlistment/reenlistment into the Armed Forces. d. Whether her reenlistment following the correction of her DD Form 214 is approved or not, she believes it is not fair that her records are incorrect, she is categorized as a disabled veteran erroneously and receiving a monthly pension for benefits she is not qualified to receive. 3. The applicant provides: * detailed self-authored statement describing her military incident and personal experiences * letter from her physician stating she has made a complete recovery * birth certificate * social security card * DA Form 199 PEB Proceedings that determined she permanent disability * DD Form 214 which captures her time in service from 9 November 2005 to 22 October 2010 4. A review of the applicant's record shows: a. She enlisted in the Regular Army on 9 November 2005 followed by an immediate reenlistment on 26 July 2007. b. On 2 August 2010, the PEB convened and found her medical and physical impairment prevents reasonable performance of duties required by grade and military specialty. The PEB recommended a combined rating of 30% and a disposition of a permanent retirement for physical disability. c. On 24 October 2010, she was honorably discharged in accordance with paragraph 4-24b (1) of Army Regulation (AR) 635-40 (Physical (now called Disability) Evaluation for Retention, Retirement, or Separation) by reason of "Permanent Retirement for Physical Disability." She was assigned Separation Code "SFJ" and RE Code 4. 5. In regards to the applicant’s request for an appearance before the Board, AR 15-185 (Army Board for Correction of Military Records (ABCMR)) states ABCMR members will review all applications that are properly before them to determine the existence of an error. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires 6. By regulation (AR 635-5-1), Separation Code "SFJ" was the appropriate code for Soldiers separating under the provisions of AR 635-40, paragraph 4-24b (1), for "Permanent Disability Retirement, Physical Evaluation Board." Furthermore, such a discharge carries an RE code of "4." 7. RE-4 applies to a Soldier separated from last period of service with a nonwaivable disqualification. This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years of active federal service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that the evidence supports partial relief. The Board found no evidence of error in the applicant's processing for disability retirement. The record shows that she was found unfit for continued service due to chronic abdominal pain and she agreed to undergo medical board proceedings so she could pursue treatment as a civilian. She was properly found unfit and retired as a result. The Board notes that she has provided a doctor's statement describing her full recovery and that she now has no restrictions on her activities. Considering her description of the events leading to the condition that led to her retirement, the Board recommends that the Office of The Surgeon General review her case to determine if the record supports the conclusions of the PEB. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by referring her records to the Office of The Surgeon General for review to determine if the disability evaluation she received from the Army accurately depicted her conditions as they existed at the time and provide the results of this review to the ABCMR. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief without benefit of the review described above. 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: a. 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. b. RE-4 applies to a Soldier separated from last period of service with a nonwaivable disqualification. This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more year’s active federal service. 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 "SFJ" is the correct code for Soldiers separating under paragraph 4-24b (1) of AR 635-40 for permanent retirement for disability. 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 "SFJ" had a corresponding RE code of "4." ABCMR Record of Proceedings (cont) AR20170003372 4 1