IN THE CASE OF:	  

		BOARD DATE:	        16 October 2008

		DOCKET NUMBER:  AR20080013298 


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 records be corrected by upgrading his reentry eligibility code (RE Code) from RE-3 to a more favorable code that would allow him to enlist in the Air Force.

2.  The applicant states that through a recent research of eligibility, he has concerns regarding his RE code.  

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

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 August 1980.

	b.  DD Form 215 (Correction to the DD Form 214), dated 24 November 1992.

	c.  Extract of Air National Guard Instruction (ANGI) 136-220 (Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force).

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 he enlisted in the Regular Army for a period of 3 years on 23 July 1982.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist).  His records also show he executed a 7-month extension on 24 September 1985, a 3-year reenlistment on 5 November 1986, and a 9-month extension on 21 April 1989.  

3.  The applicant's records also show he was promoted to private first class (PFC)/E-3 on 1 April 1983 and specialist four (SP4)/E-4 on 1 October 1983.

4.  On 6 October 1987, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being derelict in the performance of his duties on or about 20 July 1987; signing an official document (leave form), which was totally false, and was then known to him to be false, on or about 10 July 1987; and making a claim against the United States in the amount of $2,318.40 for 70 days of accrued leave, which claim was false and fraudulent in the amount of $1,589.76 in that he only had 22.5 days of accrued leave.  His punishment consisted of reduction to PFC/E-3, forfeiture of $350.00 pay per month for 2 months, and 30 days of extra duty.

5.  The applicant's records show that he was promoted back to SP4/E-4 on 1 May 1988.

6.  The applicant was honorably discharged in the rank/grade of SP4/E-4 on 4 August 1990, by reason of expiration of his term of service.  The DD Form 214 he was issued and the DD Form 215 he was subsequently issued, show he completed 8 years and 12 days of creditable military service.  Item 27 (Reentry Code) of his DD Form 214 shows the entry "RE-3C." 

7.  Army Regulation (AR) 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  This regulation provided that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  


8.  AR 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  It outlines procedures for immediate reenlistment or extension of enlistment for active duty Soldiers, and prescribes eligibility criteria and options for enlistment or transfer into the U.S. Army Reserve and Army National Guard for Soldiers separating from the Active Army.  The version in effect at the time stated, in pertinent part, that a Soldier may not exceed the Retention Control point (RCP).  The RCP for an E-4 was 8 years.  All Soldiers who reach their RCP during their current enlistment agreement, either through length of service or reduction in rank, must separate not later than their original expiration of term of service (ETS).

9.  AR 635-200 states, in pertinent part, 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.  AR 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.  Table 3-1 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 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable.  They are ineligible unless a waiver is granted. 

	c.  RE-3C applied to individuals who have completed over 4 months service who do not meet the pay grade requirements, or who have been denied enlistment under the Qualitative Screening Process pursuant to Chapter 4 of
AR 600-200.  They are ineligible for enlistment/reenlistment unless a waiver is granted.

	d.  RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the highest rank/grade the applicant attained during his 8 years and 12 days of military service was SP4/E-4.  Additionally, by regulation, the RCP for an E-4 was 8 years.  Therefore, the applicant reached his RCP during his current enlistment agreement, either 
through length of service or reduction in rank, and was accordingly discharged not later than his ETS.  The RE code associated with this type of separation is RE-3C.  Therefore, the applicant received the correct RE code. 

2.  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 evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

3.  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

___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.


															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)                                         AR20080013298



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ABCMR Record of Proceedings (cont)                                         AR20080013298



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