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 that he needs to have the assigned RE-3 code removed from his records so that he can reenlist. He also states he received a hardship discharge because his compassionate reassignment was denied, and that he wants his RE-3 code changed to RE-1.
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 applicants military records show:
He enlisted in the Regular Army on 15 January 1971 for 3 years, and he attained pay grade E-4 on 16 December 1972.
While stationed in Germany he requested a hardship discharge based on his parents financial instability and poor health conditions. His commander strongly recommended approval of his request. His request was granted on 15 May 1973.
On 6 July 1973 he was honorably discharged under the authority of Army Regulation 635-200, Chapter 6, Section II, for hardship. He was separated in pay grade E-4 with 2 years and he was assigned code RE-3.
His subsequent request for enlistment was not approved.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of genuine dependency or hardship. An application for such separation will be approved when a service member can substantiate that his situation or immediate familys situation has been aggravated to an excessive degree since enlistment, that the condition is not temporary and that discharge will improve the situation.
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.
RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Persons discharged for hardship reasons under the authority of paragraph 6-3B, chapter 6, of Army Regulation 635-200 are so disqualified.
It is noted here that code RE-3 was properly assigned, but also that he may be eligible to apply for a waiver for enlistment, and that he may visit his nearest Army recruiting office for further information.
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
6 July 1973, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 6 July 1976.
The application is dated 12 April 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
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