IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080007651 


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-3B to RE-1 in order to reenter the Army.

2.  The applicant states that he has an approved Request for Waiver of Disqualification for Enlistment/Reenlistment in the Regular Army for In-Service Personnel signed by a General Officer, dated 6 September 1983.  He further adds that his employment status is based on his past job qualification and his DD Form 214 and that his employer requires the submittal of the DD Form 214.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 22 December 1983.

	b.  Waiver Packet, dated 4 October 1983, for Disqualification for Enlistment/Reenlistment in the Regular Army for In-Service Personnel.  

	c.  DA Form 3340 (Request for Regular Army Reenlistment of Extension), dated 30 August 1983.  

	d.  Undated DA Form 3072 (Request for Waiver for Disqualification for Enlistment/Reenlistment in the Regular Army for In-Service Personnel).

	e.  Pages 2, 3, and 4 only of DA Form 2-1 (Personnel Qualification Record).

	f.  Orders awarding the applicant the Army Commendation Medal, the Good Conduct Medal, and the Expert Infantryman Badge, and Promotion to sergeant (SGT)/E-5 Orders.

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 for a period of 4 years on 28 November 1979.   He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman).  The highest rank/grade he attained during his military service was SGT/E-5.

3.  The applicant’s records show that he was awarded the Army Commendation Medal (2nd Oak Leaf Cluster), the Noncommissioned Officer’s Professional Development Ribbon with numeral 2, the Good Conduct Medal, the Overseas Service Ribbon, the Army Service Ribbon, the Army Achievement Medal (2nd Oak Leaf Cluster), the Expert Infantryman Badge, the Air Assault Badge, and the Expert Marksmanship Qualification Badges with Rifle and Grenade Bars.  His records do show any significant acts of valor during his military service.

4.  On 1 May 1980, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) during the period on or about 1 April 1980 through on or about 26 April 1980.  His punishment consisted of forfeiture of $200.00 pay, 30 days of extra duty, and 30 days of restriction.  

5. On 20 May 1980, the unexecuted portion of the applicant's punishment of 30 days of restriction and 30 days of extra duty, imposed on 1 May 1980, was remitted by order of the officer who imposed the punishment.  

6.  On 30 August 1980, the applicant requested reenlistment in the Army for a period of 3 years.  However, he was disqualified due to his AWOL.  His immediate commander subsequently submitted a waiver of the applicant’s disqualification for reenlistment in the Regular Army, as a result of his lost time.  The applicant’s senior commander recommended approval.

7.  On 4 October 1983, the Commander, 101st  Airborne Division, Fort Campbell, Kentucky, approved the applicant’s waiver of his lost time disqualification.  

8.  There is no indication in the applicant’s records that he reenlisted in the Regular Army.

9.  On 22 December 1983, the applicant was honorably released from active duty for completion of his required service (expiration of term of service-ETS) and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued at the time of separation shows he completed 4 years of creditable military service and had 25 days of lost time.  Item 27 (Reenlistment Code) of this DD Form 214 shows the entry “3B.” 

10.  On 6 June 1985, by letter, the U.S. Army Reserve Personnel Center, St. Louis, Missouri, notified the applicant that authority was granted for his immediate reenlistment/extension in the USAR with an effective date of 4 June 1985.  The letter further notified him that the completed forms must be received no later than 19 July 1985.  There is no indication in the applicant’s records that he responded to this opportunity.  

11.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation states, in pertinent part, that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.   Furthermore, a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized.

12.  Army Regulation 635-200, in pertinent parts, states 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 (RA) and the US Army Reserve.  Interim Change 12 of this regulation (applicable at the time of the applicant's discharge) prescribed basic eligibility for prior service applicants for enlistment.  Table A-2 included a list of the Regular Army Reenlistment Eligibility Codes (RE codes):

	a.  RE–1, applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army.  They are qualified for enlistment if all other criteria are met.

		b.  RE-3 applied to those individuals who were not qualified for reenlistment, but their disqualification was waiverable; and 

		c.  RE-3B applied to those individuals who had time lost during their last period of service.  They were considered ineligible for enlistment unless a waiver was granted.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was AWOL from 1 April 1980 to 25 April 1980.  His chain of command approved a waiver for him to reenlist, not to waive his AWOL time.  In other words, the approval authority gave the applicant permission to reenlist at the time.  Nevertheless, there is no indication that he reenlisted.  He was subsequently discharged by reason of expiration of his contractual agreement.  The appropriate RE code associated with Soldiers separating with lost time is RE-3B.  Therefore, the applicant was assigned the appropriate RE code.  

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.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE Code. 









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)                                         AR20080007651



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ABCMR Record of Proceedings (cont)                                         AR20080007651



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