IN THE CASE OF:
BOARD DATE: 14 June 2009
DOCKET NUMBER: AR20090004275
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 to RE-2 so he can reenlist.
2. The applicant states that his RE code is incorrect. He contends that RE-3C deals with the Qualitative Management Program and he was discharged from active duty under the 1992 Early Transition Program.
3. The applicant provides 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 completed 4 years, 9 months, and 2 days of prior active service in the U.S. Air Force, the applicant enlisted in the Regular Army on 28 September 1990. He served as a finance specialist in Southwest Asia from 27 January 1991 to 25 April 1991. On 30 August 1992, the applicant was honorably released from active duty in pay grade E-4 under the 1992 Early Transition Program after completing a total of 6 years, 8 months, and 5 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, PARA [paragraph] 16-8 AND 10 USC 1169." Item 26 (Separation Code) on his DD Form 214 shows the entry "LCC." Item 27 (Reentry Code) on his DD Form 214 shows the entry "3C."
4. 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.
5. RE-3C at the time applied to persons who did not meet the reentry grade and service criteria of Army Regulation 601-210. Rule H (Prior Grade and Service) of Army Regulation 601-210 stated, in pertinent part, that applicants were eligible for enlistment if last separated in pay grade E-4 with total active service of no more than 4 years.
6. RE-2 applied to persons fully qualified for enlistment who were separated before completing a contracted period of service and whose reenlistment was not contemplated. This code was not used after 28 February 1995.
7. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
DISCUSSION AND CONCLUSIONS:
Since the applicant separated from the Regular Army in pay grade E-4 with more than 4 years of total active service, his RE code was administratively correct and in conformance with applicable regulations at the time of separation.
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.
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