IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080005249 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Reentry (RE) code be changed from RE-4 to RE-3.

2.  The applicant states that his RE code should not have been any worse than a RE-3 and that this is an administrative error.  He states he has a Separation Program Designator (SPD) code of “JCC,” a characterization of service of honorable, and he would like to upgrade his RE code to a “3.”  He did not want to leave the Army at the time he was discharged and would like to return to serve his country.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a portion of Army Regulation 601-210 (Active and Reserve Components Enlistment Program).

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.  After having had prior enlisted service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 17 August 1982.  He continued to serve on active duty through two reenlistments.  He was promoted to staff sergeant on 27 January 1989.

3.  In a 15 January 1992 memorandum, the applicant was notified that the Calendar Year (CY) 1991 Sergeant First Class/Advanced Noncommissioned Officer Course (ANCOC)/Promotion Selection Board reviewed his Official Military Personnel File (OMPF) and the board determined that he be barred from reenlistment.  The applicant’s Statement of Option (USAREC Form 51) is not available.  The memorandum identified the documents (one Enlisted Evaluation Report and two academic evaluation reports) indicating his areas of deficiency or weakness which contributed to the board’s decision to bar him from reenlistment and a copy of the administrative instructions pertaining to this action.  He was advised that if he chose to appeal, the appeal must be submitted through his chain of command no later than 60 days after he completed his Statement of Option.  He was also advised that any questions concerning the action should be directed to the Commander, U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, Indiana.

4.  On an unknown date, the applicant submitted an appeal to the Department of the Army (DA) imposed bar to reenlistment.  

5.  The appeal of the DA imposed bar to reenlistment was disapproved on 5 November 1992 by a Standby Advisory Board.  The memorandum indicated that the board judged the applicant’s past performance and estimated potential were not in keeping with the standards expected of the Noncommissioned Officer Corps.  The approval authority stated the applicant would be separated from the U.S. Army no later than 28 February 1993 under the provisions of Army Regulation 635-200, paragraph 16-8.  The narrative reason was indicated as “Reduction in Authorized Strength - Qualitative Early Transition Program.”  The Reenlistment Eligibility code was indicated as “RE-4”; the Separation Program Designator (SPD) as “JCC”; and the service was characterized as “Honorable.”  

6.  The applicant was honorably discharged on 28 February 1993 under the provisions of Army Regulation 635-200, paragraph 16-8 due to Reduction in Authorized Strength - Qualitative Early Transition Program.  He had completed a total of 10 years, 6 months, and 14 days active military service.

7.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation, in effect at the time, shows that the SPD code “JCC” as shown on the applicant’s DD Form 214 specifies the narrative reason for separation as an involuntary discharge for “Reduction in Authorized Strength” and that the authority for separation under this separation program designator is 
“AR 635-200, Paragraph 16-8.”

8.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect at the time, established RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-8 based on a DA bar to reenlistment.

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 the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) 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 RA RE codes.  

10.  RE code 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows a DA bar to reenlistment was imposed against the applicant.  As a result, he was discharged from active duty on 28 February 1993 under the provisions of Army Regulation 635-200, paragraph 16-8 based on Reduction in Force.

2.  The applicant was separated with a separation code of "JCC" and was properly assigned an RE code of RE-4 in accordance with the governing regulation in effect at the time.

3.  The RE code of "4" issued to the applicant is not waivable and does not allow him to continue Army service.

4.  The applicant has failed to show through the evidence submitted or the evidence of record that the reentry code issued to him was administratively incorrect, in error or unjust.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  __xx____  ___xx___  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.




 _   _______xxxx_____________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080005249





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005249



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1