IN THE CASE OF:
BOARD DATE: 12 June 2008
DOCKET NUMBER: AR20080005271
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 the Reentry (RE) Code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from RE-4 to RE-1.
2. The applicant states he received an honorable discharge and did not do anything wrong to warrant an RE-4. He states he was informed of the mistake when he decided to enlist in the service in March 2008.
3. The applicant provides copies of Congressional correspondence.
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 the Regular Army on 31 March 1981 and served through a series of extensions and reenlistments until being honorably discharged on 1 March 1993. The highest rank he attained was Sergeant (SGT/E-5), but 1 month before his discharge, he was reduced to Specialist (SPC/E-4).
3. The applicant's DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 16-8, by reason of "Qualitative Retention Program." He was given a separation code of "JCC" and an RE Code of RE-4.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16-8 provides for early separation due to reduction in force, strength limitations, or budgetary constraints. Service of Soldiers separated under paragraph 16-8 will be characterized as honorable (except when an uncharacterized description of service is required for Soldiers in an entry level status).
5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies and procedures for enlistment and processing into the RA and the U.S. 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. RE 1 and 2 permit immediate reenlistment if all other criteria are met. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. An RE code of 4 indicates separation from the last period of service with a disqualification which cannot be waived and ineligibility for reenlistment.
6. Army Regulation 635-5-1 (Separation Program Designator (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. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) establishes RE Codes to be assigned for each SPD.
7. A separation code of "JCC" applies to persons who are separated by reason of reduction in authorized strength (qualitative retention program) under the provisions of paragraph 16-8, AR 635-200. The SPD/RE Code Cross Reference Table shows that an RE code of 4 is the applicable RE code assigned for individuals separated under paragraph 16-8. An RE code of 4 indicates that the applicant was separated from his last period of service with a disqualification which cannot be waived and he is ineligible for reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's RE Code is not a mistake. Army regulations clearly show that RE Code RE-4 is the correct code given based on the applicant's authority and narrative reason for separation.
2. 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 this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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) AR20080005271
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ABCMR Record of Proceedings (cont) AR20080005271
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