IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019383
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 correction of his reentry eligibility (RE) code.
2. The applicant states:
a. His RE code should be changed because his condition has the possibility of being cured or at least controlled by medication, making it possible for him to carry out his military occupational specialty and job.
b. Working helped him keep his mind busy as well as being around people who supported him and cared for him.
3. The applicant provides:
* DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings)
* Integrated Disability Evaluation System (DES) Narrative Summary
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. Having prior inactive service in the U.S. Army Reserve and Army National Guard (ARNG), the applicant enlisted in the ARNG on 12 November 2004. He was ordered to active duty on 7 March 2012.
2. On 18 September 2013, a PEB found the applicant unfit due to:
* panic disorder without agoraphobia
* left shoulder rotator cuff tear
* intervertebral disc disease
3. The PEB recommended his retirement due to permanent disability (60 percent).
4. On 14 April 2014, he retired by reason of permanent disability (enhanced) after completing over 16 years of active Federal service.
5. His DD Form 214 shows in:
* item 25 (Separation Authority) Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4
* item 26 (Separation Code) SEJ
* item 27 (Reentry Code) 4R
* item 28 (Narrative Reason for Separation) Disability, Permanent (Enhanced)
6. All Army Activities Message 147/2008, dated 13 June 2008, subject: Implementation of New Separation Program Designator (SPD) Codes for the Disability-Related Provisions of the National Defense Authorization Act (NDAA) 2008 and the DES Pilot Program, implemented new SPD codes for disability-related provisions of the NDAA 2008 and the DES Pilot Program. Sixteen new SPD codes were added, including SPD code SEJ (Disability, Permanent (Enhanced) (Mandatory retirement resulting from permanent physical disability in accordance with Army Regulation 635-40, chapter 4).
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and ARNG. Table 3-1 provides a list of RE codes.
a. RE code 1 applies to persons completing an initial term of active service who were fully qualified when last separated.
b. RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation but disqualification is waivable.
c. RE code 4R applies to persons who retired. They are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the evidence of record confirms his RE code was assigned based on his retirement under the provisions of Army Regulation 635-40, chapter 4. The RE code associated with this type of discharge is 4R.
2. His RE code was administratively correct and in conformance with applicable regulations at the time of his retirement. Therefore, there is no basis for granting his requested relief.
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 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) AR20140019383
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