BOARD DATE: 16 February 2011 DOCKET NUMBER: AR20100020019 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a valid reentry code. 2. He states his RE code reflects "NA." He wants it fixed. 3. He provides his DD Form 214. 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 9 August 1988 for 3 years in pay grade E-1. He completed training and he was awarded military occupational specialty 63T (Bradley Fighting Vehicle System Mechanic). 3. Item 8 (Aptitude Area Scores) of his DA Form 2-1 (Personnel Qualification Record) shows he received a score of 90 or higher in each of the areas tested of the Armed Services Vocational Aptitude Battery (ASVAB). 4. He was honorably released from active duty in pay grade E-4 on 7 July 1991 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. 5. The DD Form 214 he was issued at the time of his release from active duty shows in: * Item 12 (Record of Service) he completed 2 years, 10 months, and 29 days of net active service * Item 23 (Type of Separation) the entry "Release from Active Duty" * Item 25 (Separation Authority) the entry "Army Regulation 635-200, chapter 4" * Item 26 (Separation Code) the entry "LBK" * Item 27 (Reentry [RE] Code) the entry "NA" 6. Army Regulation 635-200, chapter 4, in effect at the time, stated a Soldier would be separated upon expiration of enlistment or fulfillment of service obligation. 7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation showed the SPD of "LBK" was appropriate when the narrative reason for involuntary release from active duty was "expiration term of service" and the authority for discharge was "Army Regulation 635-200, chapter 4." 8. The SPD/RE Code Cross Reference Table, in effect at the time, showed SPD codes with their corresponding RE codes. The SPD code of "LBK" had a corresponding RE code of "1," "1A," or "1C." 9. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, stated prior to discharge or release from active duty, individuals would be assigned RE codes based on their service records or the reason for discharge. Chapter 3 of the regulation included a list of Armed Forces reentry codes, including Regular Army RE codes. a. RE-1 applies to Soldiers completing an initial term of active service who were fully qualified when last separated. They are fully qualified for enlistment. b. RE-1A applies to careerists with over 6 years of service for pay (over 4 years of service for pay if separated on or after 15 August 1978). They are fully qualified but had to enlist within 93 days after date of separation. They are fully qualified for enlistment in USAR. c. RE-1C applies to Soldiers separated who do not possess scores of 90 or higher in any three or more aptitude areas of the ASVAB, if tested before 1 October 1980, or scores of 85 or higher in any three or more aptitude areas of the ASVAB, if tested on or after 1 October 1980. They are fully qualified for enlistment provided otherwise qualified. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was released from active duty on 7 July 1991, under the provisions of Army Regulation 635-200, chapter 4. He was issued a separation code of "LBK" that had a corresponding RE code of "1," "1A," or "1C." However, his DD Form 214 shows his RE code as "NA." 2. The entry in Item 27 is not consistent with the basis for his authority and reason for separation. His record shows he served less than 4 years of service and he scored 90 or over on all of his aptitude areas of the ASVAB. As a result, he should have been issued an RE code of "1." Therefore, his DD Form 214 should be corrected accordingly. 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 deleting from item 27 of his DD Form 214 the entry "NA" and replacing it with the entry "RE-1." __________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) AR20100020019 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100020019 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1