IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080007765
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 reenlistment (RE) code be changed.
2. The applicant states that he was overweight, but he had several pinch tests that allowed him to stay in. Then one day they changed everything. No more pinch test. Because of his muscle mass he could not lose the weight. He may want to reenlist, but the RE code is RE code 4. A recruiter told him he would have to get his RE code changed if he wanted back in.
3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States).
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 17 November 1983 for 4 years.
3. On 28 October 1986, a local bar to reenlistment on the applicant was approved for his receiving one Article 15 and for not meeting the Army weight standards.
4. On or about 30 October 1986, the applicant requested early discharge due to his belief that he could not overcome the bar to reenlistment.
5. On 5 November 1986, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-5b, due to having a locally-imposed bar to reenlistment, after completing 2 years, 11 months, and 19 days of creditable active service. He was given a separation code of KGF (Headquarters, Department of the Army imposed bar to reenlistment or locally-imposed bar to reenlistment under the provisions of Army Regulation 635-200, paragraphs 16-5a or 16-5b) and an RE code of 4.
6. 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 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.
7. RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable. RE code 4 applies to persons not qualified for continued Army service, and the disqualification is not waivable.
8. The Separation Program Designator (SPD)/RE Codes Cross Reference Table states that when the separation code is KGF then either RE code 3 or RE code 4 will be given. RE code 4 will be given when the Soldier has a Headquarters, Department of the Army imposed bar to reenlistment under the qualitative management program or a local bar to reenlistment with 18 or more years of active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged due to being unable to overcome a locally-imposed bar to reenlistment after completing less than 3 years of creditable active service. He was given a separation code of KGF. Based upon his years of active service and his locally-imposed bar to reenlistment, he should have been given an RE code of 3, not an RE code of 4.
2. The applicants DD Form 214 should be corrected to show he was given an RE code of 3.
BOARD VOTE:
___xx___ __xx____ ___xx___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show he was given an RE code of 3.
_________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) AR20080007765
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ABCMR Record of Proceedings (cont) AR20080007765
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