IN THE CASE OF:
BOARD DATE: 26 FEBRUARY 2009
DOCKET NUMBER: AR20080019227
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 so he can reenter the Army.
2. The applicant states, in effect, that he paid back his separation pay and that he needs to have his RE code changed so he can return to active duty. He also indicates that he is receiving 10 percent disability.
3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States); a Request Pertaining to Military Records; a letter, dated 27 October 2008, from the National Personnel Records Center, St. Louis, Missouri; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his 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 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. Having prior inactive and active service, the applicant enlisted in the Regular Army on 23 August 1988 for a period of 4 years. He served as a unit supply specialist. On 22 August 1992, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service after completing 8 years, 3 months, and 28 days of creditable active service.
3. Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAPTER 4." Item 26 (Separation Code) on his DD Form 214 shows the entry, "JBK." Item 27 (Reentry Code) on his DD Form 214 shows the entry, "4." Item 28 (Narrative Reason for Separation) on his DD Form 214 shows the entry, "EXPIRATION TERM OF SERVICE."
4. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation, in effect at the time, stated the reason for discharge based on separation code JBK was Expiration term of service and the regulatory authority is Army Regulation 635-200, chapter 4.
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 covers eligibility criteria, policies, and procedures for enlistment 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.
6. RE-4 applies to persons separated from their last period of service with a non-waivable disqualification.
7. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
8. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
9. The Separation Program Designator Code/Reentry Code Cross Reference Table, in effect at the time, shows that Soldiers given an SPD [Separation Program Designator] of "JBK will be given an RE code of 3.
DISCUSSION AND CONCLUSIONS:
Item 27 on the applicants DD Form 214 incorrectly shows his RE code as 4. Therefore, it would be appropriate to correct item 27 on his DD Form 214 to show the entry, 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:
a. deleting the entry, 4 in item 27 on his DD Form 214; and
b. adding the entry, 3 in item 27 on this DD Form 214.
___________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) AR20080019227
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ABCMR Record of Proceedings (cont) AR20080019227
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