RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070010952 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Thomas M. Ray

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 correction of his records by changing his reentry code (RE Code) from RE-4 to RE-3, which would allow him to rejoin the Army.

2.  The applicant states that the RE-4 was unjust.  He further adds that he talked to a recruiter about rejoining the Army and was told he needed his RE-4 code changed to RE-3.

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army on 8 November 1994 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Light Vehicle Mechanic).  His records further show that he served in Germany for 24 months and that while stationed in Germany, he served in Bosnia during the period 3 January 1996 to 9 August 1996.  The highest grade he attained while on active duty was private first class/E-3.

3.  The applicant’s records show that during his tenure on active duty, he was awarded the Army Service Ribbon, the National Defense Service Medal, the Armed Forces Service Medal, the NATO Medal, and the Driver and Mechanic Badge (Driver-M Bar).  The applicant's records do not show any significant acts of valor during his military service.

4.  The applicant’s records reveal a history of counseling by members of his chain of command for indebtedness on 18 October 1995, in response to $451.56 unpaid debt to the Army and Air Force Exchange Service (AAFES) and on 4 May 1996, in response to a $3,150.00 unpaid loan to the Pioneer Military Lending Corporation. 

5.  The applicant's service records reveal a disciplinary history of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 14 April 1996, for disrespecting a noncommissioned officer.  His punishment consisted of reduction to the grade of private/E-2 (suspended until 13 July 1996), and 14 days of extra duty.
	
6.  On 1 July 1996, the applicant's immediate commander formally counseled him and initiated a Bar to Reenlistment Certificate citing his disinterest in continuing his military career by having continuous indebtedness, reluctance to pay debts, and late payments.  The immediate commander furnished the applicant a copy of the bar certificate.  The approval authority approved the bar to reenlistment on 10 July 1996.

7.  On 27 July 1996, the applicant submitted a DA Form 4187 (Personnel Action) to his immediate commander requesting discharge in accordance with paragraph 16-5b of Army Regulation 635-200 (Personnel Separation).  The applicant stated on the DA Form 4187 that he did not feel he was able to overcome the bar to reenlistment and acknowledged that once separated, he would not be able to reenlist at a later date.

8.  On 6 August 1996, the separation authority approved the request for separation and ordered the applicant be issued an honorable discharge.

9.  On 19 September 1996, the applicant was discharged from active duty under the provisions of paragraph 16-5b of Army Regulation 635-200 by reason of bar to reenlistment.  The DD Form 214 he was issued shows he was given a character of service of "Honorable", a Separation Program Designator code of "KGH," and a "Reentry" code of 4.  This form further confirms the applicant had completed 1 year, 10 months, and 12 days of creditable service. 

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  In the version in effect at the time, paragraph 16-5 established policy and prescribed procedures for the elimination of enlisted personnel by reason of bar to reenlistment.  It states, in pertinent part, that a Soldier who is denied or ineligible for continued active duty service may be separated, upon request, when a locally imposed bar to re-enlistment is approved.  Additionally, separation under this paragraph will occur no later than 90 days after the Soldier receives pre-separation counseling as required by law (see 10 USC 1142).  Any existing service obligation that cannot be fulfilled by the separation date will be waived, and overseas tours will be curtailed to the extent necessary to permit separation.  The service of Soldiers separated under this paragraph will be characterized as honorable.

11.  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 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army 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, including Regular Army RE codes:

		a.  RE–1 applies to persons completing their term of service who are considered qualified to reenter the Army. 

	b.  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.

	b.  RE-4 applies to individuals separated from last period of service with a nonwaivable disqualification.  This includes anyone with a Department of the Army imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years of active federal service.

12.  Army Regulation 635-5-1 states that the Separation Program Designator (SPD) codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The "KGF" SPD code is the correct code for Soldiers separating under chapter 16-5a or b of Army Regulation 635-200, by reason of bar to reenlistment.

13.  Army Regulation 601-280 (Army Reenlistment Program) in the version in effect at the time states, pertinent part, that Soldiers who believe that they will be unable to overcome a bar to reenlistment may apply for immediate discharge.  Requests will be processed according to Army Regulation 635-200, chapter 16.  Approved requests for discharge are final.  DD Form 214 (Report of Separation) will be coded RE-4.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE code, currently RE-4, should be changed to RE-3 and his SPD code currently "KGF" should be changed to a code that would permit reenlistment. 

2.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.

3.  The evidence of record confirms that the applicant’s RE code was assigned based on the fact that he was separated under the provisions of chapter 16, Army Regulation 635-200 after his bar to reenlistment was approved and he felt he could not overcome the bar and requested separation.  Therefore, he received the appropriate RE code associated with his discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__js____  __mjnt__  __tmr___  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.




							John Slone
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070010952
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0300
2.

3.

4.

5.

6.