ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 June 2019

	DOCKET NUMBER:  AR20170005985


APPLICANT REQUESTS: 

* change Reentry code in block 27 (Reentry Code) on DD Form 214 (Certificate of Release or Discharge from Active Duty) from RE-4R to RE-1, RE-2 or RE-3
* 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 from Active Duty)

FACTS:

1.  The applicant states that after his injury, he was more incapable of performing his duties, or disabled during the first year of recovery.  His disability was supposed to take a long time to heal, which is what happened after he was medically discharged.  Previously, he was not aware he could change his re-entry code without losing his pension prior to re-enlisting.

2.  A review of the applicant’s service records show:

	a.  On 17 March 2010, he enlisted in the Regular Army (RA).

	b.  Orders RI-292-0240, published at Joint Base Elmendorf-Richardson, Alaska on 19 October 2011, show the applicant was deployed in support of Operation Enduring Freedom in Afghanistan.  

	c.  He served in Afghanistan from 8 December 2011 to 28 March 2012.  On 22 February 2012, he was wounded and awarded the Purple Heart.

	d.  Orders A-02-203453, published at Landstuhl Regional Medical Center on 25 February 2012, show he was medically evacuated.

	e.  On 6 February 2013, an informal Physical Evaluation Board (PEB) convened to determine the applicant’s fitness for continued military service.  His DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) shows:

* he was determined to be unfit with a recommended 70 percent rating with permanent disability retirement
* he concurred with the PEB findings, waived his opportunity for a formal PEB hearing, and did not request a reconsideration of the DVA ratings

	f.  On 27 April 2013, he was honorably retired from active duty due to a permanent disability.  His DD Form 214 shows he was retired under the provisions of chapter 4 of Army Regulation 635-40 (Disability Evaluation for Retention, retirement, or Separation).  He completed 3 years, 1 month and 11 days of active duty service.  It further shows in:

* Item 25 (Separation Authority), AR 635-40, chapter 4
* Item 26 (Separation Code), SEJ
* Item 27 (RE Code), 4R
* Item 28 (narrative Reason for Separation), Disability Permanent (Enhanced) 

3.  By regulation (AR 15-185) 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.

4.  By regulation (AR 635-5-1), Soldiers retiring under the provisions of chapter 4 of AR 635-40 due to permanent disability are assigned the Separation Code SEJ.  The RE Code associated with this type of separation is 4 (the letter R is for retirement). 

5.  By regulation (AR 601-210), Soldiers assigned RE-4 are ineligible to reenter military service

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The Board agreed regulatory guidance provides the RE4 Code is correct as he was medically discharge. The RE4 is not a negative code, it coincides with his reason for separation.  For that reason, the Board concluded there was no error or injustice which would warrant making a change to the RE code on the applicant’s DD Form 214. 


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.  Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  

	a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

	b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.  Additionally, it states in paragraph 2-11 that 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.

2.  Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The separation document provides the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of a Soldiers release from active duty, retirement, or discharge, and it is not intended to have any legal effect on termination of a Soldier's service.  Chapter 2 states:

* Item 25, the separation authority, this is obtained from the regulatory directives authorizing the separation
* Item 26, separation code, this is obtained from AR 635–5–1, which provides the corresponding Separation Program Designator (SPD) code for the regulatory authority and reason for separation
* Item 27, RE Code, AR 601–210 (Active and Reserve Components Enlistment Program) determines reentry eligibility and provides regulatory guidance on reentry codes
* Item 28, narrative reason for separation, this is based on regulatory or other authority and can be checked against the cross reference in AR 635–5–1

3.  AR 635-5-1 (Separation Program Designator) (SPD) Codes prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the separation program designator (SPD) codes to be entered on DD Form 214 (Certificate of Release or Discharge from Active Duty).  Table 2-3 states Soldiers retiring under AR 635-40 due to disability (enhanced) enlisted SEJ are assigned Separation Code SEJ. 

4.  AR 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

* An RE code 1 applies to persons who completed an initial term of active service who were fully qualified for enlistment when separated
* An RE code 3 applies to persons who are not qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* An RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification

5.  The SPD/RE Code Cross Reference Table, dated 31 March 2006, stipulated that an RE-4 code would be assigned to members separated under the provisions of chapter 4 of AR 635-40 with Separation Code SEJ. 

ABCMR Record of Proceedings (cont)	 AR20170005985


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