IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20080020033
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 Eligibility (RE) Code be corrected from RE-3 to RE-1.
2. The applicant states that he was released from active duty early with a college drop, some accrued leave, and a Secretarial drop. When he was given his DD Form 214 (Certificate of Release or Discharge from Active Duty) he only looked at the characterization of service and did not realize that the RE-3 he was assigned would later impact his ability to reenlist. He has now been turned away from the Marine Corps and Coast Guard because of his RE Code.
3. The applicant provides his DD Form 214 and personal identification documents.
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's military records show that he enlisted in the Regular Army on 1 October 1992, was awarded the military occupational specialty of indirect fire infantryman, and was promoted to pay grade E-4.
3. On 20 March 1995, the applicant requested early separation for the convenience of the Government. In support of his request he attached a letter from a private company which showed that he had been offered a job with that company, but he would have to start the job by 1 April 1995.
4. The applicant's request was approved by the U.S. Total Army Personnel Command (PERSCOM, now known as Human Resources Command Alexandria). PERSCOM directed that the authority for the separation be Army Regulation 635-200, paragraph 5-3, that the narrative reason for separation be Secretarial Authority, that the Separation Program Designator (SPD) be "MFF," and that the RE Code be RE-3.
5. Based on that approval, the applicant was honorably released from active duty on 5 May 1995 by reason of Secretarial Authority. He was assigned an SPD of "MFF" and assigned an RE Code of RE-3.
6. Army Regulation 601-210, table 3-6, lists the various RE codes and describes the reason(s) a soldier is assigned a particular code. The code of RE-1 is assigned to individuals who complete an initial term of active service and who were fully qualified to reenlist when last separated. The code of RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
7. The SPD/RE Code Table, directs that the SPD "MFF" be assigned the RE code "TBD." When the table specifies TBD (to be determined), the directive authorizing the separation program, or specific separation will provide the RE Code.
DISCUSSION AND CONCLUSIONS:
1. PERSCOM directed that the applicant be assigned an RE-3 Code. The SPD/RE Code Table states that the approval authority for a separation under Secretarial Authority will direct which RE Code to assign. As such, the applicant's RE-3 Code is properly entered on his DD Form 214.
2. While the applicant's desire to enlist is commendable, a presumption of regularity must be applied in this case, that what the Army did was correct. The burden of proving otherwise rests with the applicant.
3. The applicant is advised that although his RE-3 was properly assigned, this does not mean that he is totally disqualified from returning to military service. The disqualification upon which the RE-3 codes were based may be waived for enlistment purposes. 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. These 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 applicants 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.
_______ _ 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) AR20080020033
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ABCMR Record of Proceedings (cont) AR20080020033
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