RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20060013582
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. Gerard W. Schwartz
Acting Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Thomas M. Ray
Member
Ms. Rea M. Nuppenau
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, in effect, that his reentry eligibility (RE) code RE-4R be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that his RE code of RE-4R is incorrect because he does not have 20 years of service; his total active federal service is less than 15 years. He would like to have it changed so that he can qualify for federal employment.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 12 August 2002. The application submitted in this case is dated 13 September 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's DD Form 214 shows that he entered active duty this period on 8 January 1997.
4. His last unit of assignment was with the Headquarters and Headquarters Company, 110th Military Intelligence Battalion, Fort Drum, New York. He served in the military occupational specialty as a 35E2O (Radio Communication Security Repairer).
5. On 12 August 2002, the applicant was released from active duty and placed on the Temporary Disability Retired List (TDRL). The DD Form 214 he was issued shows that he was assigned a Separation Program Designator (SPD) code of SFK, an RE code of RE-4R, and that he completed a total of 13 years, 10 months, and 6 days of active federal service.
6. AR 635-5-1 (Separation Program Designated Codes), Table 2-3, states that SPD SFK denotes Retirement, Disability, Temporary.
7. The Army Human Resources Command publishes a cross-reference of SPD and RE codes. This cross-reference shows SFK is assigned an RE code of 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code of RE-4R should be changed, because he has less than 15 years of active federal service and he would like to qualify for federal employment.
2. His separation processing was accomplished in accordance with the applicable regulations. However, the RE code of RE-4R was inappropriately assigned for the applicant's SPD of SFK. It is reasonable to presume that the applicant received an RE code of RE-4R in error. Therefore, the applicant is entitled to correction of his records to show an RE code of RE-4.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 August 2002, therefore, the time for the applicant to file a request for correction of any error or injustice expired on
11 August 2005. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
___tmr__ ___rmn__ ____jtm_ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was assigned an RE code of RE-4.
_________John T. Meixell__________
CHAIRPERSON
INDEX
CASE ID
AR20060013582
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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