IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080012080
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 4 be changed so that he may reenter the Army.
2. The applicant states that he desires to reenter the United States Army, but that his current reentry code is preventing him from doing so.
3. The applicant provides no supporting documentation. He stated on his application that a letter of explanation to the Board and letters of recommendation were previously sent to his Congressional Representative. However, these letters have not been received by the Board.
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 6 March 2000, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 74B (Information Systems Operator).
3. Records show that the applicant was absent without leave during the period from 9 to 31 July 2001. There is no available evidence of his punishment for this misconduct.
4. On 11 March 2002, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b, for [a pattern of] misconduct. He was assigned a Separation Program Designator (SPD) Code of JKA. His character of service was under other than honorable conditions.
5. The applicant's Certificate of Release or Discharge from Active Duty
(DD Form 214) lists his RE code as RE-4.
6. 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-4 applies to persons separated from their last period of service with a non-waivable disqualification. RE-3 applies to persons separated from their last period of service with a waivable disqualification. That regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
7. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JKA 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 14-12b for a pattern of misconduct. 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. The RE-4 establishing his ineligibility for enlistment/reenlistment was incorrectly entered on his separation document in accordance with governing regulations. His RE code should have been entered as RE-3.
2. In view of the foregoing, his DD Form 214 should be corrected to show his
RE code as RE-3.
BOARD VOTE:
____X___ ___X____ ___X___ 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 showing Item 27 (Reentry Code) as RE-3.
_________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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ABCMR Record of Proceedings (cont) AR20080012080
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