IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090012353
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 removal of the entry "EM [Enlisted Member] BARRED FROM REENLISTMENT" from item 27 (Remarks) of his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, that his bar to reenlistment was lifted and that the documentation never made it to his service personnel records.
3. The applicant provides recommendations to lift the bar to reenlistment; correspondence voiding the bar to reenlistment; and a copy of his DD Form 214 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. The applicant enlisted in the Regular Army (RA) on 9 February 1972. He trained as a field radio mechanic in military occupational specialty (MOS) 31B.
3. On 20 June 1974, a bar to reenlistment was imposed against the applicant.
4. The applicant provided two recommendations from his chain of command to lift the bar to reenlistment. He also provided correspondence, dated 17 January 1975, from an adjutant general, which states that the bar to reenlistment that was approved on 20 June 1974 was voided. This letter also states that the correspondence should be forwarded for appropriate action and for inclusion in the applicant's Military Personnel Records Jacket.
5. On 4 February 1975, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
6. Item 10 (Reenlistment Code) of the applicant's DD Form 214 shows the entry "RE-3." Item 27 on his DD Form 214 shows, in pertinent part, the entry "EM BARRED FROM REENLISTMENT."
7. Item 42 (Remarks) of the applicant's DA Form 20 (Enlisted Qualification Record) shows, in pertinent part, the stamped entry "RE-1 ELIG FOR REENL" [eligible for reenlistment].
8. On 8 January 1978, the applicant reenlisted in the USAR for a period of
1 year. On 10 January 1979, he was honorably discharged from the USAR.
9. 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.
10. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
11. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
DISCUSSION AND CONCLUSIONS:
The 17 January 1975 correspondence provided by the applicant which shows the bar to reenlistment approved on 20 June 1974 was voided and the entry in item 42 of his DA Form 20 which shows he was eligible for reenlistment with an RE code 1 are accepted as sufficient evidence in which to amend items 10 and 27 of his DD Form 214. Therefore, item 10 on the applicant's DD Form 214 should be corrected to show RE-1 and the entry "EM BARRED FROM REENLISTMENT" in item 27 of his DD Form 214 should be removed.
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 from item 10 of his DD Form 214 the entry "RE-3" and replacing it with the entry "RE-1"; and
b. deleting from item 27 of his DD form 214 the entry "EM BARRED FROM REENLISTMENT."
___________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) AR20090012353
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ABCMR Record of Proceedings (cont) AR20090012353
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