RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2007
DOCKET NUMBER: AR20060014098
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.
x
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 from a 4 to a more favorable code that will allow him to enlist in the National Guard.
2. The applicant states that he believes that he was wrongfully issued an RE Code of 4 and he desires it to be changed to a code that will allow him to enlist in the National Guard.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in Atlanta, Georgia on 27 May 1981 for a period of 4 years. He completed his training and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-5 on 1 May 1985.
3. On 25 September 1991, the applicants commander notified him that he was initiating action to bar him from reenlistment. He cited the applicants failure of the Army Physical Fitness Test (APFT), his failure of the Primary Leadership Development Course (PLDC) on two occasions, and repeated performance and leadership counseling sessions as the basis for his recommendation.
4. The applicant elected to submit a statement in his own behalf whereas he asserted that the remedial physical training program was not properly organized and that he was experiencing marital problems.
5. The bar to reenlistment was approved on 8 October 1991 and the applicant elected not to appeal.
6. On 1 November 1991, a memorandum was dispatched to the applicant from the Enlisted Records and Evaluation Center (USAEREC) informing him that the Calendar Year 1991 Master Sergeant Selection and Sergeant Qualitative Management Program (QMP) Board had determined that he was to be barred from reenlistment under the Department of the Army QMP based on five evaluation reports indicating weaknesses in performance and physical fitness and two academic evaluation reports indicating deficiencies in performance and efficiency.
7. The applicant elected to appeal the bar to reenlistment under the QMP; however, there is no indication that he ever submitted his appeal.
8. Accordingly, he was honorably discharged on 23 April 1992, under the provisions of Army Regulation 635-200, paragraph 16-8, due to reduction in strength Qualitative Early Transition Program. He had served 10 years, 10 months, and 27 days of total active service.
9. 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 reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (USAR). 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.
10. RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as a Department of the Army imposed bar to reenlistment.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The bar to reenlistment under the QMP was properly imposed in accordance with the applicable regulations.
3. The applicant had a Department of the Army imposed bar to reenlistment at the time of his separation and was not qualified for reenlistment at the time of separation. Accordingly, he was properly issued an RE Code of RE-4 in accordance with the applicable regulations.
4. The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE Code at the time of his separation.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ __x _ __x__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
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CHAIRPERSON
INDEX
CASE ID
AR20060014098
SUFFIX
RECON
DATE BOARDED
20071220
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.100.0300
4/re code
2.
3.
4.
5.
6.
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