IN THE CASE OF:
BOARD DATE: 17 February 2010
DOCKET NUMBER: AR20090013722
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 from an
RE code of 3 to 1.
2. The applicant states, in effect, that he discovered he was assigned an
RE code of 3 while attempting to enlist in the Navy. He contends that there was no reason for him to be assigned an RE code of 3.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and excerpts from his military records.
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 he enlisted in the Regular Army on
14 June 2001. He was awarded the military occupational specialty of common ground station operator, and was promoted to pay grade E-4.
3. He was honorably released from active duty on 13 June 2005. The DD Form 214 he was issued shows that he was separated due to completion of required active service and assigned the separation code of "LBK" and an RE code of 3.
4. A review of the applicant's integrated Personnel Electronic Records Management System (iPERMS), Personnel Actions, shows the applicant's separation from active duty was involuntary.
5. 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. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.
6. Separation Program Designator (SPD)/Reentry (RE) Codes Cross Reference Table shows the SPD code of "LBK" is to be assigned an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's records do not show the reason he was assigned an
RE code of 3, his records do show he was separated from active duty involuntarily.
2. As such, a presumption of regularity must be applied, that what the Army did was correct.
3. While the applicant's desire to enlist in the Navy is commendable, without evidence that he was erroneously assigned an RE code of 3, there is insufficient basis for granting his request.
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) AR20090013722
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ABCMR Record of Proceedings (cont) AR20090013722
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