ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 April 2020 DOCKET NUMBER: AR20180012129 APPLICANT REQUESTS: correction of his reentry eligibility (RE) code to show he is qualified to reenter service in the U.S. Army. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 June 2013 REFERENCES: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, 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. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. a. RE-1 applies to persons completing an initial term of active service who are considered qualified to reenter the U.S. Army if all other criteria are met. b. RE-3 applies persons who are not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable. 3. 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. A Soldier will be considered unfit when the preponderance of evidence establishes that the Soldier, due to disability, is unable to reasonably perform the duties of his or her office, grade, rank, or rating, to include duties during a remaining period of Reserve obligation. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. FACTS: 1. The applicant states his RE-3 code does not match his discharge. He would like to enlist and become a commissioned officer to continue his service. 2. On 10 March 2011, he enlisted in the Regular Army and served in positions of increasing responsibility to the rank/grade of sergeant/E-5. 3. Alpha Battery, 1st Battalion, 7th Air Defense Artillery, 108th Air Defense Artillery Brigade, memorandum, dated 16 April 2013, subject: (Applicant) Medical Counseling, shows he was counseled pertaining to his election for medical separation and he elected a separation date of 29 June 2013. 4. On 22 April 2013, his request for a medical separation was approved effective 29 June 2013. 5. His Physical Disability Information Report, dated 25 April 2013, shows: * Percentage of Disability – 10 * Disability Retirement – 5 years, 9 months, and 18 days * Disability Resulted from a Combat Related Injury – No * Disability Was Incurred in a Combat Zone or During the Performance of Duty in Combat-Related Operations – Yes 6. On 29 June 2013, he was honorably discharged under the provisions of Army Regulation 635-40, chapter 4. His DD Form 214 shows: * he completed 2 years, 3 months, and 20 days of net active service * disability severance pay – $30,358.80 * reentry code – 3 * narrative reason for separation – disability, severance pay, combat related (enhanced) 7. On 16 July 2013, the U.S. Army Physical Disability Agency administratively corrected the findings of his informal physical evaluation board proceedings conducted at the National Capital Region physical evaluation board, completed on 11 April 2013. It states, in part: a. The board finds the Soldier is physically unfit and recommends a rating of 10 percent and that the Soldier's disposition be separated with severance pay. b. This is an administrative correction to the previously issued DA Form 199 (Physical Evaluation Board Proceedings), dated 11 April 2013, to correct Section IV (Medical Conditions Determined to be Unfitting) and does not change his disposition or rating. 8. His records are void of any additional medication documentation. 9. He did not provide documentation showing a change in his medical fitness. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the RE code on the applicant’s DD Form 214. 2. According to Army Regulation 601-210 (Active and Reserve Components Enlistment Program), the Reentry Eligibility (RE) code can only be changed if an incorrect code was entered for the reason for separation. RE-3 is the correct code for the reason for separation – disability, severance pay, combat related (enhanced). 3. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012129 4 1