ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 April 2019 DOCKET NUMBER: AR20170019164 APPLICANT REQUESTS: In effect, correction of the reenlistment eligibility (RE) code listed on his DD Form 214 (Certificate of Release or Discharge) to show a code that would allow him to reenlist in the military. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Security Prescription Form – Medical Statement * DD Form 214 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, in effect, he has been cleared by “VA medical.” His RE code is no longer accurate, due to his current medical evaluation. His RE code blocks his ability to reenlist. He has provided a doctor’s note stating he has no acute medical conditions to prevent him from re-entering the military. 3. On 10 February 2010, the applicant enlisted in the Regular Army and he held military occupational specialty 19K (M1 Armor Crewman). 4. On 8 April 2013, he was honorably retired from active duty in accordance with chapter 4, Army Regulation (AR) 635-40 (Disability Evaluation for Retention, Retirement, or Separation), by reason of disability, permanent (enhanced). His DD Form 214 shows he completed 3 years, 1 month, and 29 days of creditable active military service. This DD Form 214 also shows: * (Character of Service) “Honorable” * Separation Program Designator (SPD) Code "SEJ" * Narrative Reason for Separation Disability, Permanent (Enhanced) * Reentry Code "4R" 5. The applicant provides a Security Prescription Form - Medical Statement, dated 10 October 2017, that states, “I had Mr. R______ in my clinic at Joliet, CBOC, [Veterans Hospital, Joliet VA], on 10 October 2017. He does not have any acute medical issues at this time.” 6. All Army Activities (ALARACT) Message 147/2008, subject: Implementation of New SPD Codes for the Disability-Related Provisions of the National Defense Authorization Act (NDAA) 2008 and the Disability Evaluation System (DES), dated 13 June 2008, implemented new SPD codes for disability-related provisions of the NDAA 2008 and the DES. Sixteen new SPD codes were added, including SPD Code "SEJ – Disability, Permanent (Enhanced), AR 635-40, chapter 4." The corresponding RE code is “4R." 7. The applicant contends his RE code should be changed because he no longer has any acute medical conditions. In reaching its determination, the Board can consider the applicant’s petition, his medical statement, and his service record in accordance with the published equity, injustice, or clemency guidance. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and medical concerns were carefully considered. The applicant was placed on the PDRL and received the appropriate reenlistment code showing he is not able to reenlist. The Board duly considered granting his request by providing a reentry code in which he could request a waiver to reenlist. However, since he is on the PDRL, such a grant cannot be made. The applicant would have to petition the PDA for consideration to remove him from the PDRL, if that is an option. In addition, the applicant must be advised that removal from the PDRL would cancel his disability retirement benefits all the while he is not guaranteed reenlistment upon his application to do so. 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 635-40 establishes the Army disability evaluation system and 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 office, grade, rank, or rating. 3. AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. Conditions that fail retention standards are referred to a medical evaluation board. 4. ALARACT Message 147/2008, subject: Implementation of New SPD Codes for the Disability-Related Provisions of the NDAA 2008 and the DES, dated 13 June 2008, implemented new SPD codes for disability-related provisions of the NDAA 2008 and the DES. Sixteen new SPD codes were added, including SPD Code "SEJ – Disability, Permanent (Enhanced), AR 635-40, chapter 4." 5. RA 635-5-1 (SPD Codes) states that SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty. The SPD code of "SEJ" is the correct code for Soldiers separating under AR 635-40, chapter 4 by reason of permanent disability (enhanced). Enhanced separation codes denote combat-related disabilities. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170019164 4 1