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Decision Text

ARMY | BCMR | CY1997 | 9711092
Original file (9711092.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 disqualification’s which preclude reenlistment.

He states that the RE3 code indicates time lost in which he states that he was in basic training. He has also provided a copy of his completion certification from basic training.

 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 National Guard on 28 October 1992.

On 30 October 1995 he was discharged under with an Honorable Certificate.

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 (RA) 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 RA 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, chapter 9, 10, 13, 14, and 16 of Army Regulation 635-200.

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
30 October 1995, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 30 October 1998.

The application is dated 22 November 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




          l        Loren G. Harrell
                  Director


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