IN THE CASE OF: BOARD DATE: 31 March 2020 DOCKET NUMBER: AR20190002689 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his reentry eligibility (RE) code from "4" to "3." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the 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 upon his return from Iraq, he started going through rehabilitation and therapy for his wounds and injuries. This did not allow for him to continue to maintain all of the mandatory training as his unit prepared for their next deployment to Afghanistan. Therefore, his unit proceeded to process him for a medical board and he subsequently received a medical discharge. He had been trying to reenter the military through the National Guard; however, he keeps running into the nonwaiverable RE code, which is preventing him from joining even though he can pass the medical requirements to reenlist. 3. The applicant enlisted in the Regular Army (RA) on 27 September 2005. 4. The applicant served in Iraq from 16 November 2005 to 16 November 2006. On 27 November 2007, in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2) he was placed on the Temporary Disability Retired List (TDRL). 5. The DD Form 214 he received shows in: * Item 26 (Separation Code) "SFK" * Item 27 (RE code) "4" 6. On 2 September 2009, the applicant was removed from the TDRL because of permanent physical disability and on 3 September 2009, he was permanently retired in the rank/grade of sergeant/E-5, with a 50 percent percentage of disability rating. 7. The SPD code SFK is to be used for RA Soldiers placed on the TDRL. The SPD/RE Code Cross Reference Table shows the SPD code and a corresponding RE code. The table in effect at the time of his placement on the TDRL shows the SPD code SFK has a corresponding RE code of 4. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include deployed service, the medical determination of unfitting conditions at the time of his separation, his placement on the TDRL and subsequent permanent disability retirement. The Board found that the applicant was determined to have conditions that failed medical retention standards and resulted in him being unfit for continued service. The Board found no evidence of error in that process and, based on a preponderance of evidence, determined that the RE Code reflected on the applicant’s DD Form 214 was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that 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. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 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 SFK is the correct code for RA Soldiers placed on the TDRL in accordance with Army Regulation 635-40, paragraph 4-24b(2). 3. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. The cross reference table in effect at the time of his placement on the TDRL shows the SPD code of SFK has a corresponding RE code of 4. 4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, U.S. Army Reserve, and Army National Guard. a. Table 3-1 includes a list of RA RE codes. * an RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army – they are qualified for enlistment if all other criteria are met * an 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 for enlistment unless a waiver is granted * an RE-4 applies to Soldiers separated from their last period of service with a nonwaiverable disqualification b. Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002689 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1