IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110010585
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests a change of her reentry eligibility (RE) code from an RE code of 4 to a more favorable code.
2. The applicant states, in effect, she was unaware of the meaning of the code she was assigned at the time of her medical retirement. She has since healed and she is ready to work.
3. The applicant did not provide any evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 September 2003 and she held military occupational specialty 92A (Automated Logistical Specialist). She reenlisted for 6 years on 8 September 2006. She served in Kuwait/Iraq from 19 June 2007 to 23 April 2008 and she attained the rank/grade of specialist (SPC)/E-4.
2. On 1 February 2010, an informal physical evaluation board (PEB) convened in Washington, DC, and found she was physically unfit due to major depressive disorder with mood swings, referred to as bipolar disorder and claimed as post-traumatic stress disorder, adjustment disorder, and insomnia. The PEB rated her with a 30-percent disability rating and recommended she be permanently retired. The applicant concurred with the PEB's findings and recommendation and waived her right to a formal hearing of her case.
3. On 30 May 2010, she was honorably retired from the Army and placed on the Retired List in the rank/grade of SPC/E04. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was retired in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of permanent disability. This form also shows she completed 6 years, 8 months, and 6 days of creditable military service. This form also shows in:
* item 26 (Separation Code) the entry "SEJ"
* item 27 (Reentry Code) "4"
4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Active Army, Army National Guard, and U.S. Army Reserve. The regulation provides that prior to discharge or release from active duty individuals will be assigned RE codes based on their service records or the reason for discharge. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces reentry codes. Table 3-1 includes 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-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 nonwaivable disqualification
5. 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. The SPD code of "SEJ" is the correct code for Soldiers separating under chapter 4 of Army Regulation
635-40 for permanent disability.
6. 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 the SPD code of "SEJ" had a corresponding RE code of "4."
DISCUSSION AND CONCLUSIONS:
1. The applicant underwent a PEB that found her physically unfit to perform the duties of her grade and specialty and recommended permanent retirement. At the time of retirement, she was assigned a separation code of "SEJ" and an RE code of "4."
2. The SPD code of "SEJ" was the appropriate code for the applicant based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-40, chapter 4 by reason of permanent disability. Furthermore, such a discharge carries a reentry code of RE-4. The SPD and RE codes entered on her DD Form 214 are consistent with the reason and authority for discharge.
3. The applicant's RE code was assigned based on her separation due to physical disability. The underlying reason for her discharge at the time was her medical disability that resulted in permanent retirement. The appropriate RE code associated with this type of discharge is RE-4 which is correctly shown on her DD Form 214.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X______ ___
CHAIRPERSON
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.
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