ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20180012777


APPLICANT REQUESTS:  his Reentry (RE) Code be changed from 4 to 3.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant states he was discharged from the military based on the surgery he had which corrected the problem.  He just needed time to recover; however, his unit did not respect his profile, creating more complications after the surgery.  He feels the way his old unit operated, ignoring his profiles from his physician is was what got him officially out because there was no recovery time.  He was going beyond his limits obeying their lawful orders.  This wasn’t right.  If his unit would have followed his profile after surgery, he would probably still be in active duty.  He is trying to reenlist into the National Guard. 

2.  A review of the applicant records show:
	
* 4 January 2016 - the applicant enlisted in the Regular Army (RA) 
* 6 July 2017 – a PEB was conducted on the applicant, and it was determined he was physically unfit and recommends a rating of 30% and that the applicant’s disposition be permanent disability retirement.  He had the following medical conditions: Tinnitus, Pes Planus bilateral feet, knee strain bilateral, dermatitis, right wrist compartment release scar, lateral epicondylitis, adjustment disorder with depressed mood
* 12 July 2017- the applicant concurred with the findings and recommendations of the Informal PEB and waived a formal hearing of his case
* 14 August 2017 – the applicant received physical disability notification
* 15 August 2017 – he endorsed memorandum for counseling regarding his separation date of 29 September 2017
* 17 August 2017 – the applicant received orders showing he was reassigned for separation processing and that he was released from assignment and duty because of a physical disability incurred while entitled to basic pay and under conditions that permit retirement for permanent physical disability; his disability resulted from a combat related injury as defined in Title 26 USC 104
* 29 October 2017 – the applicant was medically retired for disability, permanent (enhanced)

3.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and U.S. Army Reserve.  It stated that individuals would be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.  

	a.  Table 3-1 included a list of Regular Army RE codes.

* 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
* RE-2 applies to Soldiers separated prior to the effective date of this regulation and will not be used
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted
* RE-4 applies to Soldiers separated from their last period of service with a non-waivable disqualification


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board considered that the applicant completed the Physical Disability Evaluation process and was found to be unfit for continued Army service.  His conditions were found to be permanently disabling and he was assigned a reenlistment code of 4 accordingly.  The Board found that there was insufficient evidence, and the applicant provided none, to change the reason for his separation and reenlistment code.  The Board found no error or injustice in support of a correction to the applicant’s record. 

2.  After reviewing the application and all supporting documents, the Board found the relief was 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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and U.S. Army Reserve.  It stated that individuals would be assigned RE codes based on their service records or the reason for discharge prior to discharge or release from active duty.  

	a.  Table 3-1 included a list of Regular Army RE codes.

* 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
* RE-2 applies to Soldiers separated prior to the effective date of this regulation and will not be used
* RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible unless a waiver is granted
* RE-4 applies to Soldiers separated from their last period of service with a non-waivable disqualification


ABCMR Record of Proceedings (cont)	 AR20180012777
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