BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090008040
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 of RE-3 be changed to an RE-1, and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his Humanitarian Service Medal (HSM).
2. The applicant states that no reason is given for his RE-3, and he believes that the reentry code was made in error. He also states that orders (sic) for HSM authorization were obtained after he was issued his DD Form 214.
3. The applicant provides documents which he lists in 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. The applicant's military records show that he enlisted in the Regular Army on 12 January 2000, was awarded the military occupational specialty of aircraft power plant repairman, and was promoted to pay grade E-4.
3. On 26 October 2005, the applicant's squad leader recommended the applicant for the award of the Army Commendation Medal. In that recommendation his squad leader stated that "While deployed in support of Operation Katrina Relief, [the applicant] contributed in the emergency relief effort of New Orleans by assisting with sand bag sling load hookups during levy repair operations."
4. The applicant provided a Joint Task Force Katrina certificate of achievement where he is commended for his exceptional achievement in support of Joint Task Force Katrina from 30 August through 30 September 2005.
5. Also provided by the applicant is ALARACT Message dated 5 December 2005, Subject: Approved Humanitarian Service Medal (HSM) and Armed Forces Service Medal (AFSM) for Hurricanes Katrina and Rita Disaster Relief. That message states, in pertinent part, that "The HSM is authorized to be awarded to Soldiers supporting immediate relief operations in the areas of Alabama, Louisiana, Mississippi, and Texas (east of 96 degrees west longitude) from 29 August to 13 October 2005."
6. The applicant was honorably released from active duty on 11 January 2006. His DD Form 214 shows that he was released from active duty due to the completion of required active service, and that he was assigned the separation code (SPD) of "LBK" and reentry code of RE-3.
7. A review of the applicant's Official Military Personnel File (OMPF) on the integrated Personnel Electronic Records Management System (iPERMS) shows that the applicant was involuntarily released from active duty due to his not meeting height/weight standards and his entry into the Army Weight Control Program.
8. 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 US Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment. That chapter included a list of armed forces RE codes. Those RE codes include RE-1 which applies to individuals who were fully qualified for reenlistment when last separated. Soldiers assigned an RE-1 are fully qualified for enlistment. The code RE-3 applies to individuals who are not qualified for continued Army service, but the disqualification is waiverable. Soldiers assigned an RE-3 are ineligible for enlistment unless a waiver is granted.
9. Separation Program Designator (SPD)/Reentry (RE) Codes Cross Reference Table shows that the SPD "LBK" is to be assigned an RE-3 code
DISCUSSION AND CONCLUSIONS:
1. The evidence conclusively shows that the applicant served in the immediate relief operations in the Katrina Hurricane Relief efforts. As such, it would be appropriate to add this award to the applicant's DD Form 214.
2. However, the applicant's was ineligible to reenlist because he did not meet the Army weight control standards. As such, he was properly assigned the RE code of RE-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 the DD Form 214 of the individual concerned be corrected by adding the HSM.
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 changing his RE code.
_______ _ _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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