IN THE CASE OF: BOARD DATE: 9 April 2010 DOCKET NUMBER: AR20090017454 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, in effect, to have his Reenlistment Code (RE Code) corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he retired honorably from the Army and there is no reason he should have an RE Code that prohibits reentry. 3. The applicant provides a copy of his DD Form 214 and a Military Re-Code Navy Reenlistment Eligibility Chart. 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 Army on 22 October 1976. He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Field Artillery Crewman). 3. After serving 20 years, 2 months, and 3 days of total service with no time lost, the applicant retired on 31 August 1980 with an honorable characterization of service. 4. The DD Form 214 issued upon retirement shows in item 26, a Separation Code of "RBD" (Sufficient Service for Retirement) and in item 27, an RE Code of "4" (Individuals separated from last period of service with a nonwaiverable disqualification). 5. Army Regulation 601-210 (Regular and Reserve Components Enlistment Program) provides the guidance for the issuance of RE codes upon separation of soldiers from active duty. This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge. These codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure. The RE Code 4R applies to enlisted personnel after 20 or more years of Active Federal Service. 6. The SPD/RE Code Cross table indicates an RE Code of "4R" will be applied when the separation code is "RBD." DISCUSSION AND CONCLUSIONS: 1. The applicant's request to correct the RE Code on his DD Form 214 was carefully considered and determined to merit correction. 2. The evidence of record confirms the applicant was honorably retired on 31 August 1980. The applicable SPD Code has a corresponding RE Code of "4R." It appears the applicant's RE Code was incorrectly entered as "4." Therefore, he is entitled to correction of his DD Form 214 to show the correct RE Code. 3. The purpose of the RE Code is only to determine eligibility for reenlistment and would not prevent an honorably retired Soldier from being recalled to active duty. BOARD VOTE: ____X___ _____X__ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 27 of his DD Form 214 to read "4R." _______ _ _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) AR20090017454 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090017454 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1