APPLICANT REQUESTS: That his reentry (RE) code of RE-3C be corrected to an RE code of RE-1. He states that he was assigned the wrong RE code, which is verified by his separation code and the narrative reason for his separation.
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 enlisted in the Regular Army on 1 August 1985, was awarded the military occupational specialty of motor transport operator, and was promoted to pay grade E-4.
On 17 February 1987 he accepted nonjudicial punishment under Article 15, UCMJ, for twice failing to go at the time prescribed to his appointed place of duty.
On 10 August 1989 the applicant was released from the Primary Leadership Development Course due to his failure to pass the leadership examination after three retests.
He was honorably released from active duty in pay grade E-4 and transferred to the USAR Control Group (Reinforcement) at the expiration of his term of service on 5 October 1991. His DD Form 214 shows that he had served 6 years, 2 months and 5 days of active duty and was assigned an RE code of RE-3C.
RE-3C applies to persons who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280, to reenlist, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation 601-280.
Army Regulation 601-280, paragraph 2-22, specifies that individuals in pay grade E-4 cannot have more than 8 years of total active service at their ETS, as established by a reenlistment. Paragraph 2-34 specifies that reenlistments must be in periods of 2, 3, 4, 5, or 6 years.
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 5 October 1991, the date he was separated. The time for the applicant to file a request for correction of any error or injustice expired on 5 October 1994.
The application is dated 20 June 1995 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
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