| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn Wade | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that his reenlistment (RE) code be corrected to reflect an RE code of RE-1.
APPLICANT STATES: That he was given an RE code of RE-3 based upon his not wanting to reenlist. He states that this code is improper and does not belong on his DD Form 214 (Certificate of Release or Discharge from Active 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 enlisted in the Regular Army on 15 November 1977 for a period of 3 years. Following completion of all required military training, the applicant was awarded military occupation specialty (MOS) 76Y, Supply Specialist, and was assigned to Fort Knox, Kentucky.
On 15 December 1980, the applicant arrived in Germany for assignment with the 6th Infantry, Berlin Brigade, and served with this unit until he departed for the United States on 5 November 1983.
The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). This document identifies the reason and characterization of the discharge.
The applicant’s DD Form 214 shows that on 5 December 1983 he was discharged under the provisions of chapter 4, Army Regulation 635-200 by reason of “expiration term of service” (ETS) with an honorable discharge. His DD Form 214 reflects "ETS" as the narrative reason for discharge, with a separation code of JBK, and an RE code of RE-3. He was credited with 6 years and 21 days of creditable military service. He was serving in the rank of sergeant/E-5 at the time of discharge.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
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. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. RE-1 applies to persons considered qualified to reenter the Army.
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: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board carefully reviewed the available records; however, the Board was unable to confirm the applicant’s contention that his RE code is incorrect and he has provided no evidence in support of his contention.
2. Lacking evidence to the contrary, the Board presumes that the RE code of RE-3 assigned by the Army was the appropriate RE code for the applicant’s facts and circumstances at the time of his discharge.
3. The alleged error or injustice was, or with reasonable diligence should have been discovered on 5 December 1983, the date he was discharged from the Army. The time for the applicant to file a request for correction of any error or injustice expired on 5 December 1986.
4. The application is postmarked 20 January 2003 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 3-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__kan___ __le____ __jtm___ CONCUR WITH DETERMINATION
| CASE ID | AR2003086397 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031002 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002069714C070402
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records...
ARMY | BCMR | CY1996 | 9607571C070209
APPLICANT REQUESTS: In effect, the applicant requests that his bad conduct discharge be upgraded, and that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty), for his first period of service in the Army. He states he should have received a discharge when he extended. On 14 May 1986 the applicant again extended his enlistment, this time for one year, causing his new separation date (ETS) to be 14 June 1987, 4 years and 3 months from his initial enlistment date.
ARMY | BCMR | CY2008 | 20080011093
The applicant requests, in effect, that his separation (SPD) code and reentry (RE) code be changed. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD/RE Code Cross Reference Table shows that an RE code of 3 is the applicable RE code assigned for individuals involuntarily separated at ETS.
ARMY | BCMR | CY2012 | 20120002328
The applicant states: * In April 2008, the Army Board for Correction of Military Records (ABCMR) granted him relief by deleting from his records any reference to a urinalysis specimen tested on 6 April 1983 * The Board voided his chapter 9 discharge with a general discharge and issued him an honorable discharge * The Board also granted him service credit and pay through the original expiration of his term of service (ETS) date * The reason for the correction was that the scientific test...
ARMY | BCMR | CY2009 | 20090009298
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that the SPD code JBK is the appropriate code to assign to RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment and are separated under the provisions of chapter 4, Army Regulation 635-200, by reason of ETS. The applicant's contention that his SPD and RE codes should be upgraded and/or changed to allow...
ARMY | BCMR | CY2008 | 20080016724
The applicant requests correction of his records to show he was authorized separation pay upon his discharge in May 1983. On 4 October 1981, the commander of the Soldier who accidently fired his weapon submitted a report of disciplinary or administrative action and indicated that the aggravated assault was unfounded and that a written reprimand/admonition was rendered to that Soldier for dereliction of duty. With respect to the applicant's contention that the Board should conduct an...
ARMY | BCMR | CY1997 | 9707241C070209
On 8 November 1992 she was honorably discharged prior to her Expiration Term of Service (ETS), under the authority of Army Regulation 635-200, paragraph 16-5, based on this request and stated inability to overcome the unit 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. RE-4 indicates that an individual was separated from...
ARMY | BCMR | CY1997 | 9707241
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. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. DETERMINATION : The subject application was not submitted within the time required.
ARMY | BCMR | CY2001 | 2001059805C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: The applicant, however, did indicate in his application that he had been honorably discharged and listed his discharge date as 4 January 1990, his scheduled ETS date.
ARMY | BCMR | CY1995 | 9510026C070209
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. 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. The time for the applicant to file a request for correction of any error or injustice expired on 5 October 1994.