ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 November 2019 DOCKET NUMBER: AR20180009170 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) block 26 (Separation Code) from SEK (not listed) to SFK (Place on temporary disability retired list) and to change block 27 (Reentry Code) from NA to RE-1 (Eligible for Reenlistment). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD form 214, for period 29 May 2007 to 22 September 2016 * DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings * Orders C-06-695976, dated 30 June 2016 * Orders C-06-609023, dated 30 June 2016 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 that her DD Form 214 block 26 currently says SEK which is not a valid code. She was medically retired and she did not have 20 years of Airforce Service. She was placed on the Temporary Disability Retirement List (TDRL). Her reentry code should not say NA because this is not a permanent retirement and she meets the requirements for relief. She has 18 years of service and would like to rejoin the military to complete her 20 years. 3. The applicant provides: * DD form 214, for period 29 May 2007 to 22 September 2016 which shows block 26 as SEK and block 27 as NA * DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 7 June 2016, which shows the applicant was rated at 80% disability and that a reevaluation for TDRL will occur within 6 months from the applicant’s separation from service * Orders C-06-695976, dated 30 June 2016, releases the applicant from duty due to physical disability effective 22 September 2016 and placed on TDRL effective 23 September 2016 * Orders C-06-609023, dated 30 June 2016, attached the applicant to the U.S Army Reserve (USAR) effective 4 August 2016 4. A review of the applicant’s service record shows the following: a. She enlisted in the Regular Army on 19 March 1994. She reenlisted on 25 March 1998, and 30 August 1999. b. Orders R-04-782293, dated 13 April 2007, order the applicant to active duty for 3 years effective 29 May 2007. c. Orders C-06-609023, dated 30 June 2016, attaches the applicant to USAR effective 4 August 2016. d. She was discharged from active duty on 22 September 2016 with an honorable character of service. Her DD Form 214 shows in block 26 SEK (not listed in regulation) and block 27 NA. Block 28 (Narrative Reason for Separation) shows Disability, Temporary (Enhanced) and separated under the provisions of AR 635-40 (Disability Evaluation for Retention, Retirement, or Separation), chapter 4 (Disability Evaluation System). It also shows that she completed 9 years, 3 months and 24 days of active duty service. 5. Army Regulation (AR) 635-8 (Separation Processing and Documents) paragraph 5-6 (Rules for completing DD Form 214) states * Block 26 (Separation Code) Obtain the correct entry from AR 635–5–1 (Separation Program Designation), which provides the corresponding SPD code for the regulatory authority and reason for separation. SFK (Place on temporary disability retired list). * Block 27 (Reentry Code) AR 601–210 (Regular Army and Reserve Components Enlistment Program) determines reentry eligibility and provides regulatory guidance on reentry codes. These codes are not applicable to officers. * Block 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 6. Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation), 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 determined that relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the current separation code reflected on the applicant’s DD Form 214 was entered in error and does not accurately reflect the military service of the applicant. As a result, the Board recommended changing the separation code to SFK, as requested. However, the Board found that the reentry code of “NA” is correct for officers. 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing item 26 to read, “SFK”. 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 changing the reentry code. 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) 635-8 (Separation Processing and Documents) paragraph 5-6 (Rules for completing DD Form 214) states * Block 26 (Separation Code) Obtain the correct entry from AR 635–5–1 (Separation Program Designation), which provides the corresponding SPD code for the regulatory authority and reason for separation. * Block 27 (Reentry Code) AR 601–210 (Regular Army and Reserve Components Enlistment Program) determines reentry eligibility and provides regulatory guidance on reentry codes. These codes are not applicable to officers * Block 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. Army Regulation (AR) 635-40 (Disability Evaluation for Retention, Retirement, or Separation), 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180009170 3 1