IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140019091 


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 the reentry eligibility (RE) code on his
DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he was involuntarily discharged based on a physical disability and granted a 10 percent (%) disability rating.  He has been evaluated by a civilian orthopedic doctor and cleared of any disqualifying medical condition.

3.  The applicant provides copies his medical records (7 pages) and his
DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 29 April 1999.  He was awarded military occupational specialty 91B (Wheeled Vehicle Mechanic).

2.  Through a series of reenlistments in the RA he continued to serve on active duty.

   a.  He served in Iraq in support of Operation Iraqi Freedom from –

* 14 February 2004 through 14 February 2005
* 1 September 2006 through 25 October 2007
* 24 March 2009 through 26 September 2009

   b.  He was promoted to staff sergeant (SSG)/E-6 on 1 August 2012.

3.  A review of the applicant's Official Military Personnel File failed to reveal copies of any documents relating to his Medical Evaluation Board/Physical Evaluation Board proceedings.

4.  Installation Management Command – Europe, Schweinfurt Transition Center, Orders 178-0001, dated 27 June 2013, discharged the applicant on 16 July 2013 with disability severance pay and a rating of 10%.

5.  The applicant's DD Form 214 shows he was honorably discharged on 
16 July 2013 in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4 (Procedures), based on physical disability. He had completed 14 years, 2 months, and 18 days of total active service.  It also shows, in pertinent part, in –

* item 21 (Member Signature):  the applicant signed the document
* item 26 (Separation Code):  "JEA"
* item 27 (Reentry Code):  "3"
* item 28 (Narrative Reason for Separation):  "Disability, Severance Pay, Combat-Related (Enhanced)"

6.  In support of his application the applicant provides a copy of his medical records (7 pages) that show A--- R. J----, Medical Doctor, Community-Based Outpatient Clinic, Lehigh County, FL, took a medical history and performed an examination of the applicant, on 7 October 2014, based on his complaint of right shoulder pain.  On 8 October 2014 the doctor wrote, "I do not believe he [applicant], or the military, is at increased risk for further problems in this shoulder through reasonable period of normal service.  He can carry a weapon, and a pack distances typical (100 pounds) for basis, and knows how to use and protect the arm from further damage or injury in his work as [a] mechanic.  His [sic] is cleared by ortho[pedic] for active duty for his right shoulder."

7.  Army Regulation 635-40 sets forth policies, responsibilities, and procedures in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  Chapter 4 (Procedures), paragraph 4-24 (Disposition by the U.S. Army Physical Disability Agency (USAPDA)), provides that the USAPDA will dispose of the case by publishing orders or issuing proper instructions to subordinate headquarters, or return any disability evaluation case to the Physical Evaluation Board for clarification or reconsideration when newly discovered evidence becomes available and is not reflected in the findings and recommendations.  It further shows, in pertinent part, based upon the final decision of USAPDA, orders or other disposition instructions will be issued based on separation for physical disability with severance pay.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. 

   a.  It shows the SPD code of "JEA" is the appropriate code to assign Soldiers separated under the provisions of Army Regulation 635-40, paragraph 4-24b(3), due to physical disability incurred in a combat zone or as a direct result of armed conflict combat related severance pay.

   b.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated with an SPD code of "JEA."

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA.  Table 3-1 includes a list of the RA RE codes and shows that –

* RE-1 applies to Soldiers who are qualified for reentry or continuous service at time of separation, if all other applicable 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

10.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RE code should be changed from RE-3 to RE-1 because he was evaluated by a civilian orthopedic doctor and cleared of any disqualifying medical condition.

2.  The applicant's contention was considered.  The fact that a civilian medical provider indicates that he found the applicant fit for military service is insufficient as a basis for changing his RE code and/or authorizing the applicant reentry into the U.S. Armed Forces.
3.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  The applicant fails to provide evidence that the RE code entered on his DD Form 214 at the time of his discharge was incorrect.

4.  The evidence of record shows the applicant was found physically unfit for continued military service based on a disability that was rated at 10%.  It also shows an RE code of "3" establishing the applicant's ineligibility for enlistment/ reenlistment without an approved waiver was correctly entered on his DD Form 214 in accordance with governing Army regulations.

5.  The applicant's processing through the disability evaluation system and separation based on a disability with severance pay are presumed proper and equitable.  Therefore, it is concluded that the reentry code that is shown on the applicant's DD Form 214 is appropriate and correct.

6.  In view of the foregoing, there is no basis for granting the requested relief.

7.  The applicant is advised that an RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it allows for a waiver of the disqualification.  Therefore, if he desires to reenter military service, he should contact a local recruiter who can advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and are responsible for processing RE code waivers.

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.

ABCMR Record of Proceedings (cont)                                         AR20140019091



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ABCMR Record of Proceedings (cont)                                         AR20140019091



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