IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080014752
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 her reentry eligibility (RE) code be changed from RE-4 to RE-1.
2. The applicant states that she reviewed her DD Form 214 (Certificate of Release or Discharge from Active Duty) with an Army Reserve recruiter. She was not aware that the RE-4 code meant she could not return to military service. It is her desire to serve her country and to complete 20 years or more of service by serving in the U.S. Army Reserve. She states, in effect, that she served in the U.S. Army proudly and performed her duties honorably and professionally. She mentions her good post-service. It is because of her feelings of patriotism and service to her country that she has felt "cheated" because she was unable to complete her 20 years or more of service for retirement. She states that she has committed almost 18 years of her life with dedication, hard work, and loyalty to the U.S. Army.
3. The applicant provides a copy of her DD Form 214 for the period ending 24 April 1992; her DD Form 214 for the period ending 15 September 1977; and a memorandum, subject: Statement of Service, dated 24 April 1992.
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 29 June 1974. At the completion of basic combat training and advanced individual training, she was awarded military occupational specialty 71G (Medical Records Specialist). Her highest grade attained was staff sergeant, E-6.
3. She continued to serve on active duty through a series of reenlistments until she was honorably discharged on 24 April 1992 under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-8, due to Reduction in Authorized Strength - Qualitative Early Transition Program. She had completed a total of 17 years, 9 months, and 26 days active military service. She was given a separation program designator (SPD) code of "JCC."
4. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation, in effect at the time, shows that the SPD code JCC as shown on the applicants DD Form 214 specifies the narrative reason for separation as an involuntary discharge for "Reduction in Authorized Strength" and that the authority for separation under this separation program designator is "Army Regulation 635-200, paragraph 16-8."
5. The SPD/RE Code Cross Reference Table, in effect at the time, established RE code 4 as the proper reentry code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-8, based on Reduction in Authorized Strength - Qualitative Early Transition Program.
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 (Active and Reserve Components Enlistment Program) 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 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged from active duty on 24 April 1992 under the provisions of Army Regulation 635-200, paragraph 16-8, based on a reduction in force.
2. The applicant was separated with a separation code of JCC and was properly assigned an RE code of 4 in accordance with the governing regulation in effect at the time.
3. The RE code of 4 issued to the applicant is not waivable and does not allow her to continue Army service.
4. The applicant's statements regarding her honorable military service of almost 18 years and her good post-service have been noted. However, she has failed to show through the evidence submitted or the evidence of record that the reentry code issued to her was administratively incorrect, in error, or unjust.
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.
_________________________
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) AR20080014752
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ABCMR Record of Proceedings (cont) AR20080014752
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