ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 March 2019

	DOCKET NUMBER:  AR20170009719


APPLICANT REQUESTS:  his Reentry (RE) Code changed to 3 (sic) or better. 

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) 
*	Somerset Family Practice Letter
*	VA Form 10-2577 (Security Prescription Form)
*	Somerset Orthopedics Physical Exam
*	Facsimile sheet address to Congressman Bill Shuster
*	Congressional letter

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:

*	his health, to include his knee, is better now than it was in 2004
*	an RE Code 4 is meant for someone who had disciplinary action; he served 
honorably for six years without any disciplinary action
*	a change of his RE Code will allow him to serve his country again in the 
Reserves
*	he is a corrections officer for the state of Pennsylvania and is on the CERT team

3.  The applicant provides:

	a.  A letter written by his primary care physician, dated 8 September 2016, stating 
the applicant is a suitable candidate for the military and may proceed with the Military 
Entrance Processing Station (MEPS) physical.

	b.  VA Form 102577F, authored by a VA health provider and dated 13 September 
2016, cleared the applicant to do physical training and be enrolled in active duty with no 
physical restrictions.

	c.  Somerset Orthopedics physical exam, dated 18 January 2017, states under 
“current plans,” the applicant has no restrictions for his activity in regards to his knee.

4.  Review of the applicant's service records shows: 

	a.  The applicant enlisted in the Regular Army on 22 May 1998.

	b.  On 12 April 2004, a physical evaluation board (PEB) convened to determine if the 
applicant’s medical and physical impairment prevents reasonable performance of duties 
required by grade and military specialty.  DA Form 199 (PEB Proceedings), reflects the 
PEB found the applicant physically unfit and recommended a combined disability rating 
of 10 percent and his disposition be separation with severance pay if otherwise 
qualified.  He was counseled and concurred.

	c.  The applicant was discharged from the Army on 2 July 2004.  His DD Form 214 
shows he completed 6 years, 1 month, and 11 days of active service.  It also shows in: 

*	Item 25 (Separation Authority), Army Regulation (AR) 635-40 (Disability 
Evaluation for Retention, retirement, or Separation), paragraph 4-24(b)(3)
*	Item 26 (Separation Code), JFL
*	Item 27 (Reentry (RE) Code), 3
*	Item 28 (Narrative Reason for Separation), Disability Severance Pay

5.  By regulation, Soldiers separated under AR 635-40, paragraph 4-24b(3) with 
entitlement to severance pay are assigned Separation Code JFL.  The RE Code 
associated with this Separation Code is RE-3.  His DD Form 214 reflected RE-3.

6.  By regulation (AR 601-210), 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.  He is advised that if he desires to reenter military service, he should contact 
a local recruiter who can best advise him on his eligibility for returning to military 
service.  Those individuals can best advise a former service member as to the needs of 
the service at the time and are responsible for processing requests for enlistment 
waivers.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  The Board agreed the applicant was discharged with the correct separation 
code and reentry code as prescribed by regulatory guidance.  He can request a waiver 
to reenter the military with a RE Code of 3.

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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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.  AR 635-5-1 (Separation Program Designator (SPD) Codes) 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.  The SPD code JFL is the 
appropriate code to assign to Soldiers separated due to disability under the provisions 
of AR 635-40, paragraph 4-24b(3) with entitlement to severance pay.

3.  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

4.  The SPD/RE Code Cross Reference Table, in effect at the time of his discharge, 
stipulated that an RE-3 code would be assigned to members separated under these 
provisions with an SPD code of JFL.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170009719

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