ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20170011221


APPLICANT REQUESTS:  a change to his Reentry (RE) Code

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Medical Evidence 
*	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 when he separated his RE code was a 4 and he is requesting 
for it to be changed to RE 1 or RE 3.  Recent medical evidence proves that he still has 
pneumoconiosis, but it has cleared up significantly and would no longer be a hindrance 
in him serving or deploying therefore, making him fit for duty.  Medical records from 
Dr. P___ states he has no impairment and could do his previous job.  Meaning, he is 
perfectly healthy enough to perform the duties of his military job. 

3.  The applicant provides:

*	copies of medical evidence as it relates to his health
*	DD Form 214 which captures his dates of service for the period of 22 October 
2013 to 19 May 2016

4.  A review of the applicant's service record shows: 

	a.  He enlisted in the Regular Army on 22 October 2013.

	b.  The applicant’s record is void of the complete facts and circumstances 
surrounding his discharge.  
5.  His DD Form 214 shows he was retired for permanent disability on 19 May 2016. 

6.  AR 635-40 authorizes the separation of enlisted Soldiers due to permanent disability. 

8.  By regulation (AR 635-5-1), Separation Code "SEJ" was the appropriate code for 
Soldiers separating under the provisions of AR 635-40, paragraph 4, for "Permanent 
Disability."  Furthermore, such a discharge carries an RE code of "4."

9.  RE-4 applies to a Soldier separated from last period of service with a nonwaivable 
disqualification.  

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 available records.  The applicant's 
DD Form 214 confirms he was retired for permanent disability, and in the absence of 
evidence showing otherwise, it must be presumed that his disability retirement 
processing was executed equitably and without error.  

The Board notes that he has provided medical records indicating he could do his 
previous job.  Due to the absence of the complete record of his disability retirement 
processing, the Board recommends that the Office of The Surgeon General review his 
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 
his records to the Office of The Surgeon General for review to determine if the disability 
evaluation he received from the Army accurately depicted his 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 3 applies to persons who are not considered fully qualified for reentry or 
continuous service at the time of separation, but the disqualification is waivable.  If the 
applicant still desires to reenter the military, he should contact a local recruiter who can 
advise a former service member as to the needs of the Army at the time

c.  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 "SEJ" is the correct code for Soldiers 
separating under paragraph 4, AR 635-40 for permanent 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 "SEJ" had a corresponding RE 
code of "4."

ABCMR Record of Proceedings (cont)	 AR20170011221

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