| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Thomas B. Redfern III | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his RE (Reenlistment Eligibility) Code of “4” be changed to an RE-1. He states that he believes an error was made in his RE Code. He notes that he should have received an RE-1 because his separation was the result of a “reduction in strength.” He indicates that he served honorably and was not separated as a result of his own request. He states that he would like an opportunity to complete his military service and his existing RE Code prevents him from doing so. He submits no evidence in support of his request.
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 entered active duty on 10 October 1975 and was promoted to pay grade E-6 in 1985.
In December 1989 he was notified that he had been identified for a Department of the Army (DA) bar to reenlistment under the Army’s Qualitative Management Program (QMP). He elected to appeal the bar, but his appeal was denied.
On 3 October 1990 the applicant acknowledged receipt of the memorandum notifying his commander that his (the applicant’s) appeal had been denied, that as such he would be required to separate not later than 31 December 1990, and that his separation document would reflect RE-4.
The applicant was discharged on 31 December 1990. His DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects an RE Code of 4. The applicant authenticated his separation document.
The Army’s QMP program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers to 30 years of active duty, (3) deny reenlistment to nonprogressive and nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service. Under this program, DA promotion selection boards regularly screen records of soldiers in the grades of E-5 through E-9. The appropriate selection boards evaluate past performances and estimates the potential of each soldier to determine if continued service is warranted. Soldiers whose continued service is not warranted receive a DA imposed bar to 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 (RA) and the US Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE Codes, including RA RE Codes.
RE-4 applies to individuals who were separated from their last period of service with a non-waivable disqualification. Soldiers who were separated from their term of service with a DA imposed bar to reenlistment in effect are ineligible for reenlistment and receive an RE-4.
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.
There is no evidence, and the applicant has not provided any, that his RE Code was in error or unjust. He acknowledged in his October 1990 statement that he had received the memorandum notifying him that his QMP appeal had been denied and that he would receive an RE Code of 4 upon his separation in December 1990.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 31 December 1990, the date the applicant was discharged. The time for the applicant to file a request for correction of any error or injustice expired on 31 December 1993.
The application is dated 21 September 2001 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. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__FNE __ __TBF __ __DPH __ CONCUR WITH DETERMINATION
| CASE ID | AR2001063101 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020305 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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