IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090006836 


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, in effect, that his Reenlistment Code (RE Code) be changed to a "1."

2.  The applicant states, in effect, that he would like to have his RE Code changed from a "4" to a "1" so that he can reenlist back into the Army.

3.  In support of his request, the applicant submitted two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 applicant’s 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 applicant’s 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 record shows he enlisted in the US Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP), on 22 May 1986, with prior service in the Army National Guard.  On 8 July 1986 he was discharged from the DEP and on 9 July 1986 he enlisted in the Regular Army, in the rank of Private, pay grade E-2, for a period of 3 years.  He was assigned to Fort Riley, Kansas, as his first duty station.

3.  The applicant was promoted to the rank and pay grade, Specialist Four, pay grade E-4 on 1 June 1987.  This would be the highest rank and pay grade he would attain while he served on active duty.

4.  On 17 August 1987, the applicant's unit commander recommended that a bar to reenlistment be imposed against the applicant.  The unit commander initiated the action because the applicant had failed his SQT (Skill Qualification Test), he was unable to retain instructions for even 30 minutes after receiving a block of instruction and he had received "No Go's" and "Double No Go's" for testable stations for his duty position.  This occurred despite intensive one on one instruction after duty hours to prepare him for the tests.  Additionally, the applicant's parents were unable to care for themselves and he felt obligated to go home and care for them.  He had indicated that he had a job lined up and would also work on his parent's farm.

5.  The bar to reenlistment was approved by the appropriate authority, the applicant's battalion commander, on 30 August 1987.

6.  On 10 October 1987, the applicant voluntarily submitted a DA Form 4187 (Personnel Action) and requested discharge from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), Chapter 16.  In his request, he stated, "I understand that if my request for separation before my normal ETS (Expiration of Term of Service) is approved, it will be for my own convenience.  If I am separated I understand that recoupment of my unearned portion of Enlistment Bonus (EB) / Selective Reenlistment Bonus (SRB) is required. I also understand that once separated I will not be permitted to reenlist at a later date."

7.  On 14 October 1987, the applicant's company and battalion commander recommended approval of the applicant's request.  On 27 October 1987, the applicant's brigade commander also recommended approval of the applicant's request.


8.  On 9 November 1987, the approving authority approved the applicant's request for discharge under the provision of Army Regulation 635-200, Chapter 16, paragraph 16-5b.

9.  The applicant was discharged with an honorable discharge, in the rank and pay grade of Specialist Four, E-4, on 23 November 1987, under the provisions of Army Regulation 635-200, Chapter 16, paragraph 16-5b, for a locally imposed bar to reenlistment.  On the date of his discharge, the applicant had completed a total of 1 year, 8 months, and 7 days net active military service with no time lost.

10.  The applicant was given a separation code "KGF" (HQDA-imposed bar to reenlistment or locally-imposed bar to reenlistment) and an RE code of "4."

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16, paragraph 16-5b, of that regulation provides, in pertinent part, for Soldiers who perceive that they will be unable to overcome a locally imposed bar to reenlistment to apply for immediate discharge.

12.  Army Regulation 601-210 (Regular and Reserve Components Enlistment Program) provides the guidance for the issuance of RE codes upon separation of Soldiers from active duty.  This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge.  This same regulation covers eligibility criteria, policies and procedures for enlistment and processing into the Regular Army (RA) and the USAR.  Chapter 3 of the regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  It states, in pertinent part, that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.

13.  RE code 1 applies to persons who are completing their period of active service who are eligible for immediate reenlistment.  RE code 3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  RE code 4 applies to persons not qualified for continued Army service, and the disqualification is not waivable.

14.  Army Regulation 635-5-1 (SPD Codes) states that SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  It notes that "KGF" is the appropriate SPD code for individuals separated who voluntarily request discharge because a locally-imposed bar to reenlistment has been imposed against them.

15.  The SPD/RE Code Cross-Reference Table indicates that a RE Code of 4 or 3 may be applied when the separation code is "KGF."  A RE code of "4" is applied to a separating individual's DD Form 214 if the narrative reason is locally imposed bar to reenlistment and the individual has more than 18 years service.  A RE code "3" is appropriate when the narrative reason is locally imposed bar to reenlistment and the separating individual has less than 18 years service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that a bar to reenlistment was imposed on the applicant by his unit commander for a variety of reasons, including his failing to pass his SQT and receiving "No Go's" and "Double No Go's" for testable stations for his duty position despite intensive one on one instruction after duty hours to prepare him for the tests.

2.  Because the applicant felt that he was incapable of overcoming the locally-imposed bar to reenlistment, he submitted a request to be voluntarily discharged from the Army prior to his ETS.  The applicant's chain of command recommended approval of his requested action and the appropriate approval authority approved his discharge under the provisions of Army Regulation 635-200, Chapter 16.

3.  The separation code of "KGF" and RE Code of "4" were entered in the appropriate corresponding items on the DD Form 214 and the narrative reason for his discharge was shown as, "Locally imposed bar to reenlistment."

4.  The applicant's separation code of "KGF" is consistent with the basis for his separation; however, the applicable regulation states, in pertinent part, that a RE code of "3" or "4" is appropriate and can be applied to a separating individual's DD Form 214 depending on if the individual has less than or more than 18 years service.  A RE code of "4" is applied to a separating individual's DD Form 214 if the individual has more than 18 years service and a RE code "3" is appropriate when the separating individual has less than 18 years service.

5.  At the time of the applicant's discharge, he had completed a total of 1 year, 8 months, and 7 days net active service and 3 years, 11 months, and 15 days prior inactive service; therefore, the application of a RE code of "3" would have been appropriate in the applicant's case.  He is therefore entitled to a correction of his DD Form 214 to change the RE code from a "4" to a RE code of "3."


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting Item 27 (Reenlistment Code) of the applicant's DD Form 214 to show a RE code of "3" instead of the current RE code "4."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of Item 27 of the applicant's DD Form 214 to show a RE code
of "1."




      _______ _   _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)                                         AR20090006836





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ABCMR Record of Proceedings (cont)                                         AR20090006836



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