RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 February 2007
DOCKET NUMBER: AR20060008078
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Barbara Ellis
Chairperson
Ms. Linda Simmons
Member
Mr. Michael Flynn
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Reentry (RE) code be changed.
2. The applicant states, in effect, that he believes his RE code was recorded in error due to the lack of need for personnel in the military services as well as the abrupt discrimination towards young, immature Soldiers. He contends that his placement in the Quartermaster Corps was an undeserving change from the infantry. He also states that he is 32 years old, that he completed an extensive rehabilitation program, and that he is of sound body, mind, and spirit.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 25 August 1994. The application submitted in this case is dated 18 April 2006.
2. 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. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. The applicant enlisted on 19 November 1993, served as a food service specialist, and was honorably discharged on 25 August 1994 due to alcohol rehabilitation failure.
4. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAP [Chapter] 9. Item 26 (Separation Code) on his DD Form 214 shows the entry, "JPD." Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "ALCOHOL REHABILITATION FAILURE.
5. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code JPD is Alcohol Rehabilitation Failure and the regulatory authority is Army Regulation 635-200, chapter 9.
6. 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 processing into the Regular Army and the U.S. 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.
7. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
8. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
9. RE-2 applied to persons fully qualified for enlistment who were separated before completing a contracted period of service and whose reenlistment was not contemplated. This code was not used after 28 February 1995.
10. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
11. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated September 1993, shows that when the SPD [Separation Program Designator] is "JPD," then an RE code of 4 will be given.
DISCUSSION AND CONCLUSIONS:
1. The applicants RE code was administratively correct and in conformance with applicable regulations at the time of his separation.
2. Records show the applicant should have discovered the alleged error now under consideration on 25 August 1994; therefore, the time for the applicant to file a request for correction of any error expired on 24 August 1997. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
BE_____ ___LS___ __MF___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
__Barbara Ellis_______
CHAIRPERSON
INDEX
CASE ID
AR20060008078
SUFFIX
RECON
DATE BOARDED
20070201
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0300
2.
3.
4.
5.
6.
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