IN THE CASE OF: 

		BOARD DATE: 19 October 2023

		DOCKET NUMBER: AR20230007249


APPLICANT REQUESTS:  his reentry eligibility (RE) code be changed from a 4 to a 3.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record).


FACTS:

1.  The applicant states he is trying to reenlist and has been told by his Department of 
Veterans Affairs doctor that he was good to go. He believes he still has plenty to offer. 
He was discharged as a staff sergeant (SSG)/E-6 and he would like to reenlist to 
become a career recruiter. 

2.  The record shows the applicant had a brief enlistment period in the Army National 
Guard and was discharged on 26 September 2011.

3.  The applicant enlisted in the Regular Army on 26 August 2013. He completed 
training and was awarded military occupational specialty 11B (infantryman). He had 
three immediate reenlistment periods on 8 September 2016, 30 August 2017, and 
3 April 2020. The highest grade he held was E-6. The applicant served in Kuwait from 
23 February 2017 to 11 August 2017

4.  On 30 April 2022, a Physical Evaluation Board (PEB) found the applicant unfit for 
continued service stating:

The Soldier was diagnosed with histoplasmosis pulmonary infection in 2014 
while stationed at Fort Hood, Texas. The Soldier received additional medical 
treatment ln June 2019 while deployed to Kuwait after experiencing persistent 
and troublesome respiratory symptoms resulting in a chest scan without 
contrast. The Soldier underwent a middle right lobe segmentectomy in 
September 2019. IAW AR 635-40, this Soldier is unfit because the DA Form 
3349, Physical Profile Record, Section 4, functional activity limitations 
associated with this condition makes this Soldier unable to reasonably perform 
required duties.

The disability disposition was not based on disease or injury incurred in the 
line of duty in combat with an enemy of the United States and as a direct result 
of armed combat or caused by an instrument of war.

The disability did not result from a combat-related injury under the provisions 
of 26 United States Code (USC) 104 or 10 USC 10216.

Diagnosis: Status post right middle lobe segmentectomy with residuals. 30%

5.  On 9 May 2022, the applicant concurred and waived a formal hearing of his PEB 
case. He did not request reconsideration of his ratings.

6.  He was medically retired from active service on 23 July 2022. His DD Form 214 
(Certificate of Release or Discharge from Active Duty) shows he completed 8 years, 11 
months, and 1 day of active service with no lost time.  He was assigned separation code 
SEA and the narrative reason for separation listed as “Disability, Combat Related,” with 
RE code 4.

7.  By regulation (AR 635-40), the Army Disability Evaluation System establishes and 
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 
office, grade, rank, or rating.

8.  MEDICAL REVIEW:

    a.  The Army Review Boards Agency (ARBA) Medical Advisor was asked to review 
this case.  Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record EMR (AHLTA 
and/or MHS Genesis), the VA electronic medical record (JLV), the electronic Physical 
Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness 
Tracking (MEDCHART) application, and/or the Interactive Personnel Electronic Records 
Management System (iPERMS).  The ARBA Medical Advisor made the following 
findings and recommendations:  
    b.  The applicant is applying to the ABCMR requesting they change the reentry code 
on his current DD 214 from a 4 to a 3.  He states:
“I am looking at trying to come back to Active Duty Army.  I have spoken with my 
VA Doctor and she felt I should be good to rejoin.  I got out 26 July 2022 as an 
SSG/E6 and am still wanting to join back in with the desire to go to recruiting 
school and become a career recruiter.”
    c.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  His DD 214 shows he entered the Regular Army on 26 
August 2013 and was permanently retired for physical disability on 26 July 2022 under 
provisions provided in chapter 4 of AR 635–40, Physical Evaluation for Retention, 
Retirement, or Separation (17 January 2017).  As will all Soldiers permanently retired 
for physical disablity, he has a reentry code of 4 signifying he was a nonwaiverable 
disqualification and is essentially ineligible for reenlistment.

    d.  On 13 January 2022, the applicant was referred to IDES for “Status-post lung 
resection with residuals.”  The applicant’s medical evaluation board narrative summary 
shows he had developed a chronic pulmonary infection which resulted in an evacuation 
from theater and surgery:
“Treatment Summary
Service Member with history of histoplasmosis pulmonary infection incidentally 
diagnosed during workup for chest pain in 2014.  Over the years the service 
member was able to perform expected duties of his MOS [military occupation 
specialty].  However, during deployment to Kuwait in 2019 the service member 
developed a 2nd bout of pneumonia felt to be secondary to bronchial obstruction 
of the right middle lobe secondary to bulky nodal disease as a result of his 
chronic histoplasmosis infection. 
The service member was removed from theater to Germany and subsequently 
returned to Fort Carson.   Service Member was seen by thoracic surgery 23 
August 2019 and subsequently taken to the operating room 12 September 2019 
where he underwent thoracoscopic right middle lobe segmentectomy.  However, 
the service member has consistently complained of ongoing “internal” lung and 
chest wall pain on the right and despite use of medications, chiropractic 
manipulation and pain management consultation, the service member has not 
been able to resume complete spectrum of his MOS duties and was referred to a 
medical board.
Prognosis
It appears highly unlikely the service member will resolve symptoms and 
impairments due to right-sided chest pain during a three-year time frame 
sufficiently enough to be able to return to duty ...  Continued military service 
would likely permanently aggravate this condition beyond its natural course.”  
    e.  The MEB had determined his condition failed the medical retention standard in 
paragraph 3-13q of AR 40-501, Standards of Medical Fitness (27 June 2019).  This 
paragraph outlines the causes for referral to an MEB after surgery on the lungs:

“Surgery of the lungs. A complete lobectomy, or pneumonectomy with spirometry 
demonstrating a moderate restrictive lung defect, persistent post-operative pain 
or otherwise meet the definition of a disqualifying medical condition or physical 
defect as in paragraph.”

    f.  The applicant’s Informal Physical Evaluation Board (PEB) Proceedings (DA 199) 
shows that on 30 April 2022 the his “ Status post right middle lobe segmentectomy with 
residuals” was his sole unfitting condition unfitting for continued military service:
“The Soldier was diagnosed with histoplasmosis pulmonary infection in 2014 
while stationed at Fort Hood, Texas.  The Soldier received additional medical 
treatment ln June 2019 while deployed to Kuwait after experiencing persistent 
and troublesome respiratory symptoms resulting in a chest scan without contrast. 
The Soldier underwent a middle right lobe segmentectomy in September 2019. 
IAW AR 635-40, this Soldier is unfit because the DA Form 3349, Physical Profile 
Record, Section 4, functional activity limitations associated with this condition 
make this Soldier unable to reasonably perform required duties.”
    g.  These Permanent Physical Profile restrictions for the then infantryman included 
three of the functional activities all Soldiers are required to be able to perform.  They 
must be able to: “Wear helmet, body armor, and load bearing equipment (LBE) without 
worsening condition;” “Move greater than 40 lbs. ( e.g., duffle bag) while wearing usual 
protective gear (helmet, weapon, body armor, LBE) up to 100 yards;” and “Live and 
function, without restrictions in any geographic or climatic area without worsening 
condition.”  In addition, the applicant had a permanent 30 pound weight restriction for 
lifting and/and or carrying.

    h.  The PEB applied the VA derived disability rating of 30% and recommended the 
applicant be permanently retired for physical disability.  On 9 May 2022, after having 
been counseled on the Board’s findings and recommendation by his PEB liaison officer, 
the applicant concurred with the PEB, waived his right to a formal hearing, and declined 
to request a VA reconsideration of his ratings.

    i.  It is honorable that the applicant desires to return to Service.  However, it is the 
opinion of the ARBA medical advisor the requested change is inadvisable as applicant’s 
condition would continue to prevent him from being able to reasonably perform the 
duties of his office, grade, rank, or rating.
?
BOARD DISCUSSION:

1.  The Board carefully considered the applicant's request, supporting documents, 
evidence in the records, a medical review, and published Department of Defense 
guidance for liberal consideration of requests for changes to separations.  

2.  The Board concurred with the conclusion of the ARBA Medical Advisor that the 
applicant’s condition would continue to prevent him from being able to reasonably 
perform the duties of his office, grade, rank, or rating. Based on a preponderance of the 
evidence, the Board determined the applicant’s RE code is not in error or unjust.


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 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.  The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application. The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

2.  Army Regulation 601-210 (Regular Army and Reserve Components Enlistment 
Program), governs eligibility criteria, policies and procedures for enlistment and 
processing of persons into the Regular Army, the Army Reserve, and the Army National 
Guard. Reentry eligibility (RE) codes are used for administrative purposes only and are 
not to be considered derogatory in nature. The codes used for identification of an 
enlistment processing procedure. Table 3-1 lists the following:

	a.  RE-1 applies to persons 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 is met.

	b.  RE-3 applies to persons 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.

   c.  RE-4 applies to persons separated from last period of service with a nonwaivable 
disqualification.  Persons are ineligible for enlistment.

3.  Army Regulation 635-8 (Separation Processing and Documents) states the DD Form 
214 is a summary of the Soldier's most recent period of continuous active duty.  It 
provides a brief, clear-cut record of active duty service at the time of release from active 
duty, retirement, or discharge. The information entered thereon reflects the conditions 
as they existed at the time of separation.

4.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness 
standards for enlistment, induction, appointment, retention, and separation (including 
retirement).  Once a determination of physical unfitness is made, disabilities are rated 
using the VA schedule of disability rating.  

5.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) establishes the Army Disability Evaluation System and 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 office, grade, rank, 
or rating.  

6.  Section 1556 of Title 10, United States Code, requires the Secretary of the Army to 
ensure that an applicant seeking corrective action by the Army Review Boards Agency 
(ARBA) be provided with a copy of any correspondence and communications (including 
summaries of verbal communications) to or from the Agency with anyone outside the 
Agency that directly pertains to or has material effect on the applicant's case, except as 
authorized by statute. ARBA medical advisory opinions and reviews are authored by 
ARBA civilian and military medical and behavioral health professionals and are 
therefore internal agency work product. Accordingly, ARBA does not routinely provide 
copies of ARBA Medical Office recommendations, opinions (including advisory 
opinions), and reviews to Army Board for Correction of Military Records applicants 
(and/or their counsel) prior to adjudication.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont.)	AR20230007249


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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