IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080010441
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, in effect, that his Reentry (RE) Code 3 be changed so that he may reenlist in the Army.
2. The applicant states that he was discharged due to medical reasons. He believes that his medical condition was misdiagnosed, resulting in his not being permitted to reenlist.
3. The applicant provides no supporting documentation.
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. On 10 January 2002, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 44B (Metal Worker). He was subsequently assigned for duty at Fort Carson, Colorado.
3. On 11 April 2003, the applicant was discharged under the provisions of Army regulation 635-200, chapter 5-13, due to a personality disorder. Accordingly, he was given a Separation Program Designator (SPD) Code of JFX and an RE Code of 3. His service was characterized as honorable. He had attained the rank of private first class, pay grade E-3, and had completed 1 year, 3 months, and 2 days of creditable active service.
4. Army Regulation 601-210 prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE Codes including RA RE codes. RE 3 applies to persons separated from their last period of service with a waivable disqualification. That regulation further provides that RE codes may be changed only if they are determined to be administratively incorrect.
5. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JFX was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of AR 635-200, paragraph 5-13 for a personality disorder. Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents) establishes RE Code 3 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence showing that his medical condition was misdiagnosed or that his narrative reason for separation is in error.
2. The RE Code 3, requiring a waiver to enlist/reenlist, was correctly entered on his separation document in accordance with governing regulations.
3. There is no apparent basis for removal or waiver of the applicants disqualification that established the basis for the RE Code 3. While the applicants desire to continue in the service to his country is commendable, there are no provisions authorizing the change of an RE Code for this purpose.
4. An RE Code 3 may be waived. Therefore, the applicant has the option of requesting a waiver for the purpose of reentering the military. If he desires to make such a request, he should discuss it with a military recruiter.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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.
__________ _ X _______ ___
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080010441
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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