Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9705860
Original file (9705860.rtf) Auto-classification: Denied
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 he dieted to bring his weight down and had reduced his body fat content. He had good physical training scores, and was a good soldier deserving of promotion. Also, his captain was overweight and was not forced out. This action was unfair and unjust. The injustice was based on his battalion’s racial discrimination. He desires to reenter the Army.
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 was enlisted in the Regular Army on 28 February 1991 for 4 years.

His Personnel Qualification Record shows his height and weight as 69 inches and 210 pounds, respectively.

On 27 August 1992 he was recommended for a bar to reenlistment based on his failure to meet Army weight control/body composition standards. The bar was approved by his battalion commander on 16 September 1992. The applicant acknowledged approval of the bar and stated he would not appeal.

On 13 November 1992 he requested discharge from the Regular Army based on the bar. It was approved on 7 December 1992 and an honorable discharge was directed.

He was honorably discharged on 23 December 1992 based “Locally imposed bar to reenlistment.” He was separated in pay grade E-2 with 1 year, 9 months and 18 days of active duty. He was transferred to the Reserve Control Group (Annual Training). He was assigned code RE-3.

Army Regulation 600-9, the Army Weight Control Program, Table 1, Screening Table Weight, shows that an individual who is 69 inches in height and between the ages of
21 and 27, such as the applicant, should not exceed
179 pounds.

It is noted here that the applicant may be eligible to apply for a waiver for enlistment, and that he may visit his nearest military recruiting office for further information.

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, including Regular Army RE codes.

RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

Army Regulation 601-280 prescribes the eligibility criteria and options available in the Army Reenlistment Program. Chapter 6 of that regulation provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service. This chapter specifies that bars will be used when immediate administrative discharge from active service is not warranted. Examples of rationale for reenlistment disqualification include, but are not limited to, AWOL, indebtedness, recurrent nonjudicial punishment, slow promotion progression, no demonstrated potential for future service, and substandard performance of duties.

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
23 December 1992, the date of his discharge. The time for the applicant to file a request for correction of any error or injustice expired on 23 December 1995.

The application is dated 11 February 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

Similar Decisions

  • ARMY | BCMR | CY1997 | 9705860C070209

    Original file (9705860C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: Correction of appropriate military records to show a reentry eligibility (RE) code which would allow reenlistment. 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.

  • ARMY | BCMR | CY2009 | 20090003582

    Original file (20090003582.txt) Auto-classification: Denied

    The applicant requests, in effect, that the Reentry (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from an RE Code of RE-3 to an RE Code that will allow him to take an Active Guard/Reserve (AGR) assignment. The applicant states since his Regular Army (RA) separation, he has been a member of the US Army Reserve (USAR). XXX _______ _ _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...

  • ARMY | BCMR | CY2001 | 2001053139C070420

    Original file (2001053139C070420.rtf) Auto-classification: Denied

    The Inspector General inquiry determined: “No evidence existed that [applicant’s name omitted] actually filed an Article 138 complaint against his Company Commander. The applicant was advised by military counsel to appeal the bar to reenlistment and to file an Article 138 complaint and he did not do either. Evidence of record shows that he chose to not appeal the QMP decision and request retention on active duty on the basis of improved performance based on the argument that he met Army...

  • ARMY | BCMR | CY2012 | 20120006468

    Original file (20120006468.txt) Auto-classification: Denied

    The commander advised him of his right to: * be represented by counsel * submit statements in his own behalf * review documents to be presented to the separation authority * waive any of these rights * withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge 11. On 23 December 1983, he was released from active duty by reason of failure to meet body fat standards under the provisions of chapter 13 of Army Regulation 635-200. Army...

  • ARMY | BCMR | CY2006 | 20060006437C070205

    Original file (20060006437C070205.doc) Auto-classification: Approved

    The applicant request, in effect, that his reentry (RE) Code be changed from RE-4 to a more favorable code and that item 12a (Date entered AD [Active Duty] This Period), of his DD Form 214 [Certificate of Release or Discharge from Active Duty], dated 20 March 1990, be corrected to show the entry "73 09 28" (28 September 1973 [sic 73 09 29/29 September 1973]) instead of the entry "75 09 05" (5 September 1975). Item 18a (Record of Service/Net Active Service This Period), of his DD Form 214,...

  • ARMY | BCMR | CY2010 | 20100022241

    Original file (20100022241.txt) Auto-classification: Denied

    The applicant states that he was enrolled in the Army Weight Control Program (AWCP) and met his weight standard on 4 August 2005 in accordance with Army Regulation (AR) 600-9 (AWCP). The applicant provides copies of a DA Form 5500-R (Body Fat Content Worksheet - Male), DA Form 638 (Recommendation for Award), and DD Form 214 (Certificate of Release or Discharge from Active Duty). AR 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military...

  • ARMY | BCMR | CY2009 | 20090001100

    Original file (20090001100.txt) Auto-classification: Approved

    The evidence of record confirms the applicant enlisted in the Regular Army on 24 October 1975 for 3 years. While the applicant did not submit a copy of his DD Form 214 with his application, his records contain copies number 2 and 5 of his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 27 of copy number 2 of the applicant's DD Form 214 the entry "Para 2-20, AR 601-280 applies"; b....

  • ARMY | BCMR | CY2001 | 2001061746C070421

    Original file (2001061746C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his records be corrected to show that he was reinstated to pay grade E-7 and was rescheduled into another Advance Noncommissioned Officer Course (ANCOC). EVIDENCE OF RECORD : The applicant's available military records show:

  • ARMY | BCMR | CY2013 | 20130010760

    Original file (20130010760.txt) Auto-classification: Denied

    He further states the recoupment of his educational assistance costs, as well as his separation, is unjustified for the following reasons: * the failed tape measurement standard was conducted on 21 September 2012 by a student and subject to error and a breach of his privacy * he passed a subsequent tape measurement standard on 31 October 2012 * his name was misspelled, his height was .5 inches shorter, and the calculations were wrong in the October 2012 tape measurement * he believes if one...

  • ARMY | BCMR | CY2001 | 2001059470C070421

    Original file (2001059470C070421.rtf) Auto-classification: Denied

    The applicant provided DA Form 705 (Army Physical Fitness Test Scorecard), dated 22 April 1999, which shows that she passed the APFT and her height was recorded as 69 inches and her weight was recorded as 214 pounds. However, evidence of record shows that the applicant failed to take the APFT for two consecutive years due to a medical profile (May 1996 to April 1997; and May 1997 to April 1998). After review of all evidence in this case, the Board determined that the applicant has not...