IN THE CASE OF:
BOARD DATE: 22 January 2009
DOCKET NUMBER: AR20080015860
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 RE-4 be changed to a code which would allow him to reenlist.
2. The applicant states that he had reported to his unit and they had no record of him coming. He was sent home since his unit couldnt process him. He then went to the Military Personnel Center (MILPERCEN) (now the Human Resources Command) who also sent him home.
3. At that time his wife wanted to return to her family and left the applicant with his three small children. He followed his wife to no avail. He then gave up caring and started drinking and doing drugs. Since his discharge he has led an exemplary life. He gave up drinking and drugs, joined the church, earned a college degree, has a good paying job, and volunteers at every opportunity. He concludes that he would like another chance to serve his country.
4. The applicant does not provide any additional documentation in support of his request.
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 applicants military records show that he enlisted in the Regular Army on 15 January 1997 with 8 years, 3 months, and 29 days of prior active service and 3 years and 2 days of prior inactive service. He served as an information systems operations analyst.
3. On 2 October 1997, the applicant requested discharge for the good of the service in lieu of court-martial for being absent without leave (AWOL) from 4 June to 30 September 1997. In his request he submitted a statement in which he chronicled the same issues he raises in his application to the Board; his assignment problems, his marital problems as a result of the assignment problems, his drinking alcohol to excess, and his use of cocaine.
4. The applicants request was approved by the appropriate authority. As a result, he was reduced to pay grade E-1 and discharged under other than honorable conditions on 24 March 1998. The DD Form 214 he was issued shows that he was assigned an RE code of RE-3.
5. 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, then in effect, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve. Chapter 3 of that regulation prescribed the basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
6. RE-3 is assigned to individuals who are not qualified for continued Army service, but the disqualification is waiverable. These individuals are ineligible for enlistment unless a waiver is granted. Soldiers separated under the provisions of Army Regulation 635-200, chapter 10 were so disqualified at the time.
DISCUSSION AND CONCLUSIONS:
1. Contrary to the applicants contention, he was not assigned an RE-4; he was assigned an RE-3.
2. While it is unfortunate if the applicant had problems getting a proper assignment, such events do occur in an organization as large as the Army. It is also unfortunate if the applicants wife decided to leave the applicant during the time his assignment was being decided. However, neither the applicants assignment problems or his marital problems excuses his lengthy period of AWOL, which ultimately led to his discharge and assignment of an RE-3 code. As such, there is no basis to change the applicant's RE-3.
3. Since the applicants RE-3 is waiverable, it is suggested that he contact his local recruiter and submit a request for a waiver to enlist.
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) AR20080015860
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ABCMR Record of Proceedings (cont) AR20080015860
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