ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 30 October 2019 DOCKET NUMBER: AR20170004178 APPLICANT REQUESTS: * requests his reentry (RE) code be changed from RE4 to RE3 * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge) * New York Guard Report of Medical History * Certificate of Birth 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 received and an honorable discharge and an Army Good Conduct Medal therefore, requests that his RE Code be changed from RE4 to RE3. He was separated from the military for a medical condition that started after his deployment to Southwest Asia. Due to his limitations he was offered to be reclassified to another military occupational specialty, attendance to Primary Leadership Development Course, and reenlistment. His heart and soul was to be a cavalry scout so he agreed to the medical discharge. He believes that being issued the RE4 is unjust as it lumps him in with others who were dishonorably discharged from the service. Since being separated from the service, his medical condition had cleared up and he is extremely healthy for someone of his age. He competed in numerous types of physical events at the top of his class. He has since stopped competing, but is still very active in instructing and coaching these types of activities. His desire is to join the Army National Guard (ARNG); however, the RE4 is hindering him from doing so. 3. The applicant provides a New York Guard Report of Medical History, which shows his medical history. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 6 January 1988. b. He served in Saudi Arabia from 18 September 1990 to 27 January 1991. c. He was discharged from active duty on 9 August 1991 with an honorable characterization of service under provision of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24e (3) (physical disability with severance pay and RE 4 and separation code JFL. His DD Form 214 shows he completed 3 years, 7 months and 4 days of active service. 5. By regulation 15-185 (ABCMR), applicants do not have a right to a hearing before the ABCMR. The Director of the ABCMR may grant a formal hearing whenever justice requires. 6. By regulation 635-40, establishes the Army Physical Disability Evaluation System according to the provisions of Title 10, USC 61 and Department of Defense Directive (DoDD) 1332.18. It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was discharged due to a physical disability. The Board agreed the reenlistment code of “4” was correctly entered as he was found not medically fit for military service. The Board determined there was no error or injustice in this case. 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. Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, of Separation), in effect at the time, establishes the Army Physical Disability Evaluation System according to the provisions of Title 10, USC 61 and Department of Defense Directive (DoDD) 1332.18. It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, the DD Form 214 must be typed or printed so that all eight copies are legible. Avoid using abbreviations in the entries as must as possible since this form is often used by civilian organizations. All blocks of the form require an entry. When no entry is appropriate or none exists, enter the abbreviation for not applicable “NA” or “None” whichever is appropriate. a. Item 27 (Reentry Code), AR 601-210 determines reentry eligibility and regulates the assignment of the RE code. To determine the appropriate RE code, review the MPRJ and refer to table 2-3, SPD/RE code cross reference table. More than one RE code may apply but only one code will be assigned in the order of priority shown in the steps of the table. b. Table 2-3 (SPD/RE Code Cross Reference Table), this table reflects the probable reentry (RE) code based on the Separation Program Designator (SPD) code only. Those codes which are followed by an asterisk (*) may be entered on the DD Form 214 without further determination. JFL shows to be RE Code 3 4. AR 15-185 (ABMCR) states ABCMR members will review all applications that are properly before them to determine the existence of an error. The ABMCR will decide cases on the evidence of record. It is 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 ABMCR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170004178 3 1