IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021672
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 that his Reentry (RE) code be changed to a 1.
2. The applicant states, in effect, that he was medically discharged for having seizures; however, he has not experienced any seizures and his doctor says he does not have a seizure disorder. Additionally, he has been denied Department of Veterans Affairs (VA) benefits and he believes that he should be allowed to rejoin the military.
3. The applicant provides a two-page letter explaining his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), birth certificate, high school diploma, chauffeurs license, a letter from his physician, and four third party letters or support.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 8 September 2009 for a period of 5 years and training as a military policeman. He completed one-station unit training at Fort Leonard Wood, Missouri and he was transferred to Fort Bliss, Texas for his first and only duty assignment.
3. The results of the applicants evaluation under the Physical Disability Evaluation System are not present in the available records. However, his
DD Form 214 shows he was honorably discharged on 19 August 2011 under the provisions of Army Regulation 635-40, chapter 4, for disability with severance pay. He had served 1 year, 11 months, and 12 days of active service and he was assigned an RE code of 3.
4. 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. It states the SPD code "JFO" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-40, Chapter 4, by reason of disability with severance pay, non-combat related. The SPD/RE Code Cross Reference Table stipulates that an RE-3 code will be assigned to members separated under these provisions with an SPD code of "JFO."
5. Army Regulation 635-200 further states 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. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Table 3-1 included a list of the RA RE codes:
a. 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.
b. 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 for enlistment unless a waiver is granted.
DISCUSSION AND CONCLUSIONS:
1. The applicant was separated under the provisions of Army Regulation
635-40, chapter 4; therefore, he was properly assigned the separation code of "JFO" and the corresponding RE code of "3" in accordance with the applicable regulations.
2. The applicant has failed to show through the evidence submitted or the evidence of record that he was assigned the wrong RE code at the time of discharge or that there is an error or injustice in his case. Although he is not precluded from applying for a waiver of his RE code at a nearby recruiting office, there is no basis for the Board to change his RE code at this time.
3. Although he has submitted documents which indicate he is currently fit as far as seizures are concerned, the Board is not in a position to determine if he is acceptable for enlistment. Accordingly, he must apply for a waiver and undergo an entrance medical examination in order for such a determination to be made.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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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