IN THE CASE OF:	  

		BOARD DATE:	        28 October 2008

		DOCKET NUMBER:  AR20080012036 


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-3 to RE-1.

2.  The applicant states, in effect, that he received an honorable discharge on the early out program and he was advised that he could reenlist at a later date.  He was given severance pay which he has repaid the government in full. 

3.  The applicant did not provide additional documentary evidence in support of this application.    

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 served in the Regular Army from 27 January 1987 through
1 March 1994.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was discharged under the provisions of Army Regulation 635-200, chapter 16-8, by reason of the early release program – special separation benefit (SSB).  His service was characterized as honorable.  He received $17,205.48 in SSB pay.  He was assigned a Separation Designator Program (SPD) code of "KCB" and an RE code of RE-3. 

3.  The applicant's official military record was not available for review.  A thorough review of the portions of his official file maintained on the Integrated Personnel Electronic Records Management System (iPerms) does not contain any specific information regarding his discharge process. 

4.  Army Regulation 635-200, then in effect, provided the basic authority for the separation of enlisted personnel.  Paragraph 16-8 of this regulation set forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints.  Army policy stated that the service of personnel separated under this paragraph would be characterized as honorable.

5.  To assist in the drawdown of the Army, the Voluntary Separation Incentive Program (VSIP) was established to provide incentives to Soldiers to voluntarily separate form active duty and accept an appointment or enlistment in, or transfer to, the Ready Reserve or Reserve component.  Those who chose the SSB received a lump sum payment equal to 15 percent of his or her annual basic pay multiplied by 12 and multiplied again by his or her number of years of active military service.  In return, they had to agree to serve in the Ready Reserve for a period of not less than 3 years after completion of any remaining statutory obligation.  

6.  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 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.  




7.  Army Regulation 635-5-1 (SPD Codes), then in effect, provided 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.  

8.  A separation code of "KCB" applied to persons who are separated under the provisions of chapter 16-8, Army Regulation 635-200 by reason of the early separation program – SSB.  The SPD/RE Code Cross Reference Table showed that an RE code of 3 was the applicable RE code assigned for individuals separated for this reason.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time.  There is no indication of procedural errors which would tend to jeopardize his rights.  The applicant contends that he was advised that he could return to the Army at a later date; however, without access to the specific information regarding his discharge, there is no evidence to support the applicant's contention.  In the absence of evidence to the contrary, administrative regularity is presumed in the discharge process.

2.  An RE code is based on an individual's reason for discharge and cannot be changed unless the narrative reason for discharge is changed.  In this case, the applicant's RE code was appropriately assigned in accordance with the regulatory guidance above.  The applicant has not provided any evidence to show that he was not discharged under the provisions of chapter 16-8, Army Regulation 635-200.  
 
3.  The applicant was assigned an RE code of RE-3 which does not prohibit reenlistment; it means that he has a disqualification that is waivable.  If he is interested in enlisting in the Army, he should contact an Army Recruiter who can advise him of the needs of the Army at this time and his eligibility to enlist.  

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  Therefore, there is no basis upon which to change his RE code.




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.



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               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)                                         AR20080012036



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ABCMR Record of Proceedings (cont)                                         AR20080012036



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