IN THE CASE OF: 

		BOARD DATE:  13 July 2022

		DOCKET NUMBER: AR20210017599


APPLICANT REQUESTS: a change to his Reentry (RE) Code to a 3 or a 2. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 293 (Application for Review of Discharge from the Armed Forces of the United 
States), dated 14 August 2021

FACTS:

1.  The applicant states he was medically boarded for lower back pain. He has been 
able to fully cope with the pain effectively without the use of medication. He would like to 
get his RE Code changed to a 3 or a 2, so that he can reenlist. He did not fulfill his 
duties as a Soldier.

2.  A review of the applicant's service record shows: 

	a.  He enlisted in the Regular Army on 17 January 2017. He completed training and 
he was awarded military occupational specialty 15U (Helicopter Repairman). 
He was assigned to Fort Jackson, SC. 

	b.  A DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), which 
shows, in part, a medical board convened on 6 January 2020. The Board found the 
Soldier physically unfit and recommended a rating of 50%, and a permanent disability 
retirement.

	c.  Orders Number 016-0266 issued by U.S. Army Installation Management 
Command on 16 January 2020, which shows his:

*	Retirement Date - 27 March 2020
*	Separation Program Designator (SPD) SEJ
 
	d.  On or about 27 March 2020, he was retired from active duty, due to a permanent 
disability. His DD Form 214 shows he completed 3 years, 2 months, and 11 days of net 
service. His DD Form 214 also shows in:
*	item 25 (Separation Authority): Army Regulation 635-40 (Disability Evaluation 
for Retention, Retirement, or Separation), Chapter 4
*	item 26 (Separation Code): SEJ
*	item 27 (Reentry Code): 4

3.  By regulation (AR 635-40), paragraph 4-19(e)(4) of the version of the regulation in 
effect at the time stated based upon review in HQDA of the findings and 
recommendations of the Physical Evaluation Board, action will be taken as shown 
below for the disposition of the member, by direction of the Secretary of the Army.

   a.  Direct permanent retirement for physical disability under section 1201 or 1204. 
title 10, USC.
   
   b.  Direct placement on the Temporary "Disability Retired List under section 1202 or 
1205. title 10, USC.
   
   c.  Direct separation for physical disability with severance pay under section 1203 or 
1206. title 10, USC.
   
   d.  Direct separation for physical disability without severance pay under section 
1203, title 10, USC.
   
   e.  Direct separation for physical disability without severance pay or transfer to the 
retired reserve (para 4-13e) because of a condition which was neither incurred nor 
aggravated during any period of service.
   
   f.  Direct separation for physical disability without severance pay under section 1207, 
title 10, USC, when the disability was incurred as a result of intentional misconduct, 
willful neglect, or during- a period of unauthorized absence.
   
   g.  Direct return to duty when it has been determined that the member is physically 
fit to perform the duties of his office, grade, rank, or rating.
   
   h.  Return the case to the MTF commander for appropriate action under other 
pertinent regulations, when the member has been found physically fit.
   
   i.  Direct release from active duty and reversion to retired status of retired members 
serving on active duty who are found physically unfit.

4.  By regulation (AR 635-5-1), Separation Code "SEJ" is the correct code for Soldiers 
separating under the provisions of chapter 4, of AR 635-40 by reason of “disability, 
permanent.” The Separation Code/RE Code Cross Reference Table in effect at the time 
of his discharge shows that Separation Code "SEJ" has a corresponding RE-4 code.
5.  In reaching its determination, the Board can consider the applicant’s petition and his 
service record in accordance with the published equity, injustice, or clemency 
determination guidance.


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief. The Board carefully considered the applicant's 
record of service, documents submitted in support of the petition and executed a 
comprehensive and standard review based on law, policy and regulations. The 
governing regulation provides that separation code "SEJ" is the correct code for 
Soldiers separating under the provisions of chapter 4, of AR 635-40 by reason of 
“disability, permanent.”  Upon review of the applicant’s petition and available military 
records, the Board determined the separation code in effect at the time of his discharge 
shows that Separation Code "SEJ" has a corresponding RE-4 code. As such, his 
DD Form 214 properly reflects his reentry code as “4” due to permanent disability as 
determined by the Physical Evaluation Board. Based on this, the Board denied relief.


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.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that 
SPD codes are three-character alphabetic combinations which identify reasons for and 
types of separation from active duty. SPD code "SEJ" is the correct code for Soldiers 
separating under the provisions of chapter 4 of Army Regulation 635-40 by reason of 
"disability, permanent." 

2.  The SPD/RE Code Cross Reference Table provides instructions for determining the 
RE code for Active Army Soldiers and Reserve Component Soldiers. This cross 
reference table shows the SPD code and a corresponding RE code. The table in effect 
at the time of his discharge shows that SPD code "SEJ" has a corresponding RE-4 
code.

3.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) 
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. Table 3-1 included a list of Regular Army RE codes.

*	An 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
*	An RE-2 applies to Soldiers separated prior to the effective date of this regulation 
(31 August 2016). These codes will not be used. Qualified for enlistment, 
provided reason and authority does not preclude enlistment or require a waiver.
*	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 unless a waiver is granted
*	An RE-4 applies to Soldiers who are separated from their last period of service 
with a nonwaivable disqualification. They are ineligible for enlistment.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210017599


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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