RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 April 2007
DOCKET NUMBER: AR20060014617
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, in effect, a change in his reentry (RE) code from
RE-4 to a more favorable code.
2. The applicant states, in effect, that he would really like to become one the Army's best Soldier's again and reenlist in the military. However, after speaking with his recruiter, he was informed that based on his RE code of RE-4 he could not reenter into the military. He now requests that his RE code of RE-4 be upgraded to a more favorable code so that he may reenter the military and serve his country.
3. The applicant provides no additional documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice that occurred on 15 May 1993. The application submitted in this case is dated
7 March 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 records show he initially enlisted in the Regular Army (RA) and entered active duty on 1 October 1985. He was trained in, awarded, and served in military occupational specialty (MOS) 31M (Multi-Channel Transmission Systems Operator).
4. On 30 June 1988, the applicant was honorably separated under the provisions of the Fiscal Year 1988 Early Transition Program after completing
2 years and 9 months of active military service. The separation document
(DD Form 214) he was issued at the time shows he completed 2 years and
9 months of active military service and that he held the rank of specialist (SPC).
5. On 16 May 1989, the applicant reenlisted for 4 years and he continued to serve on active duty until 15 May 1993, at which time he was honorably separated after completing a total of 6 years and 9 months of active military service. The DD Form 214 he was issued at the time shows he was separated under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required service. Item 26 (Separation Code) shows he was assigned a Separation Program Designator (SPD) code of LBK and Item 27 (Reentry Code) shows he was assigned an RE code of RE-4.
6. Army Regulation (AR) 635-5-1 (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 code of LBK is the appropriate code to assign Soldiers ineligible for, barred from, or otherwise denied reenlistment or who are separated on completion of enlistment under the provisions of chapter 4, Army Regulation 635-200. Table 2-3 (SPD/RE Code Cross Reference Table) establishes RE-3 as the proper reentry code to assign to Soldiers separated with a SPD code of LBK.
7. AR 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. RE-3 applies to persons completing their terms of service who are not considered fully qualified for reentry or continuous service at the time of separation but the disqualification is waivable. RE4 applies to persons with a permanent disqualification that is not waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his RE code of RE-4 upgraded to a more favorable code was carefully considered and found to have merit. By regulation, the proper reentry code to assign members separated under the provisions of chapter 4, Army Regulation 635-200 who are assigned a SPD code of LBK is RE-3 not RE-4. Therefore, it would be appropriate to correct the applicant's record to show he was assigned an RE code of RE-3 in conjunction with his
1993 separation.
2. The applicant is advised that although a change is being recommended to his RE code, this does not mean that he is fully qualified from reenlistment. RE-3 is applicable to members who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable. Therefore, if he desires to reenlist, he should contact a local recruiter determine his eligibility based on the needs of the Army and can process an RE code waiver.
BOARD VOTE:
__x _ _x __ __x_ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in Item 27 (Reentry Code) of his 15 May 1993 DD Form 214 and replacing it with the entry "RE-3"; and by providing him a correction to his separation document that includes this change.
_____x_____
CHAIRPERSON
INDEX
CASE ID
AR20060014617
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007/04/05
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1993/05/15
DISCHARGE AUTHORITY
AR635-200 . . . . .
DISCHARGE REASON
Chapter 4
BOARD DECISION
Grant
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
110
2.
3.
4.
5.
6.
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