IN THE CASE OF: BOARD DATE: 4 May 2011 DOCKET NUMBER: AR20100025286 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 his Reenlistment Eligibility (RE) code be changed to a "1" and his Separation Program Designator (SPD) code be changed to a code that will allow him to reenter the military by lifting the locally imposed bar to reenlistment. 2. The applicant states he should not have lost his veterans benefits due to his narrative reason for separation and his assigned RE code. 3. The applicant does not provide any additional documents. 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’s military records show that he enlisted in the Regular Army on 12 August 1986, he was awarded military occupational specialty 95B (Military Police), and pay grade E-2 was the highest rank that he achieved. 3. On 26 February 1987, the applicant was entered into the Army Weight Control Program (AWCP) and he was weighed six times between 11 March and 26 May 1987 and he made no substantial improvements. On 26 May 1987, the applicant's commander initiated a local bar to reenlistment against him due to apathy towards the AWCP. 4. The applicant acknowledged he understood the reasons for the proposed bar, and stated "I understand that I'm overweight and have been counseled many times before. I also feel that I cannot lose the weight and don't feel I could ever get to the limit that I'm supposed to. At this time I would like to request a Chapter 16. To be separated from the service." 5. The appropriate authority approved the bar to reenlistment against the applicant. 6. On 16 July 1987, the applicant requested that he be separated due to being under a locally imposed bar to reenlistment. His request was approved, resulting in the applicant being honorably discharged on 15 September 1987. 7. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 16-5b due to a locally imposed bar to reenlistment. He completed 1 year, 1 month, and 4 days of active service and he was assigned an SPD code of "KGF" and an RE code of 4. 8. Army Regulation 635-200 (Enlisted Separations) sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-5b provides that Soldiers who perceive that they will be unable to overcome a local bar to reenlistment will be allowed to request discharge from the service in spite of any existing service obligation which will not be fulfilled by an early release date. Soldiers may request discharge anytime after receipt of the local bar to reenlistment or notification that an appeal of the bar was disapproved. 9. The SPD/RE Codes Cross Reference Table shows the SPD code of "KGF" is to be assigned either an RE code of 3 or 4. It continues that an RE-3 should be used if the disqualification that led to discharge was waivable. A RE-4 code should be used if the disqualification that led to discharge was nonwaivable. 10. Army Regulation 601-210, chapter 4, shows separation due to a locally imposed bar to reenlistment is waivable for enlistment. DISCUSSION AND CONCLUSIONS: 1. The applicant's failure to make progress on the AWCP and his self-admitted inability to comply with Army weight standards provided ample grounds to bar him from reenlistment. 2. The applicant did not contest the bar to reenlistment and he, himself, requested a discharge based on his perception that he could not overcome the local bar. 3. As such, his bar to reenlistment and discharge are both proper and there is no reason to lift his bar or to change the narrative reason for separation. 4. However, while the applicant was appropriately assigned an SPD code of "KGF" due to a locally imposed bar to reenlistment, he was improperly assigned an RE code of 4. Since separation due to a locally imposed bar to reenlistment is waivable for enlistment, he should have been assigned an RE-3. 5. The ABCMR does not correct a properly constituted record to establish entitlement to benefits from another agency. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ___X____ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was assigned an RE-3 code. 2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to an RE-1 code, lifting his bar to reenlistment, or changing his SPD.. ____________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) AR20100025286 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100025286 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1