APPLICANT REQUESTS:  Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment.  In effect, this constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.  He states he dieted to bring his weight down and had reduced his body fat content.  He had good physical training scores, and was a good soldier deserving of promotion.  Also, his captain was overweight and was not forced out.  This action was unfair and unjust. The injustice was based on his battalion’s racial discrimination.  He desires to reenter the Army.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He was enlisted in the Regular Army on 28 February 1991 for 4 years.

His Personnel Qualification Record shows his height and weight as 69 inches and 210 pounds, respectively.

On 27 August 1992 he was recommended for a bar to reenlistment based on his failure to meet Army weight control/body composition standards.  The bar was approved by his battalion commander on 16 September 1992.  The applicant acknowledged approval of the bar and stated he would not appeal.

On 13 November 1992 he requested discharge from the Regular Army based on the bar.  It was approved on 7 December 1992 and an honorable discharge was directed.

He was honorably discharged on 23 December 1992 based “Locally imposed bar to reenlistment.”  He was separated in pay grade E-2 with 1 year, 9 months and 18 days of active duty.  He was transferred to the Reserve Control Group (Annual Training).  He was assigned code RE-3.

Army Regulation 600-9, the Army Weight Control Program, Table 1, Screening Table Weight, shows that an individual who is 69 inches in height and between the ages of 
21 and 27, such as the applicant, should not exceed 
179 pounds.

It is noted here that the applicant may be eligible to apply for a waiver for enlistment, and that he may visit his nearest military recruiting office for further information.

Pertinent Army regulations provide 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 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including Regular Army RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program. Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. This chapter specifies that bars will be used when immediate administrative discharge from active service is not warranted. Examples of rationale for reenlistment disqualification include, but are not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, and substandard performance of duties.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 
23 December 1992, the date of his discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 23 December 1995.

The application is dated 11 February 1996 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION

		Karl F. Schneider
		Acting Director