IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090014231
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 correction of his reentry eligibility (RE) code.
2. The applicant states there was an administrative error in the assignment of his RE code. He wants to continue his service in the California State Military Reserve (CSMR).
3. The applicant provides, in support of his application, a letter, dated 7 April 2009, from the Office of the Adjutant General, State of California, CSMR; his
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 December 1984; his commander's recommendation for his discharge; his request to enlist in the CSMR; his DA Form 2166-6 (Enlisted Evaluation Report) for the period July 1983 through June 1984; nine certificates for awards and achievement; his Bachelor of Science Diploma from the State University of New York; and his photograph.
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 personnel records show he enlisted in the Regular Army (RA) on 28 April 1978 for a period of 4 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36K (Tactical Wire Operator). On 23 May 1980, the applicant was promoted to sergeant (SGT)/pay grade E-5. He reenlisted on 4 November 1980 for a period of 4 years and further extended his enlistment for 11 months on
19 January 1982.
3. On 10 July 1982, he was assigned to the 172nd Light Infantry Brigade at Fort Richardson, AK.
4. On 17 December 1984, the applicant's commander started processing him for discharge due to his inability to meet Army weight standards. On 18 December 1984, the appropriate authority approved his discharge and directed that he receive an Honorable Discharge Certificate.
5. On 26 December 1984, the applicant was discharged by reason of failure to meet body fat standards. He had completed 6 years, 7 months, and 29 days of active service that was characterized as honorable.
6. The applicant's DD Form 214 contains the following three entries:
* item 26 (Separation Code) - "JVF"
* item 27 (Reenlistment Code) - "RE-4"
* item 28 (Narrative Reason for Separation) - "FAILURE TO MEET BODY
FAT STANDARDS"
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), revised effective 25 June 1983, does not show "JVF" as an SPD code. However, the SPD code "JFV" is listed and shows the narrative reason "Failure to meet body fat standards."
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 (Regular Army and Army Reserve Enlistment Program) provides eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve.
9. Table 3-6 (Armed Forces Reenlistment Codes Regular Army Reenlistment Eligibility Codes) of this regulation states:
a. RE-3 applies to a person not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waivable. These individuals are ineligible for enlistment unless a waiver is granted; and
b. RE-4 applies to a person separated from last period of service with a non-waivable disqualification.
10. In addition, Table 4-2 (Nonwaivable Moral and Administrative Disqualifications) and Table 4-3 (Nonwaivable Disqualifying Separations) do not list "failure to meet body fat standards" as a nonwaivable disqualification for enlistment or reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RE code RE-4 was assigned in error.
2. The reason for the applicant's discharge, failure to meet body fat standards, was not listed as a nonwaivable disqualification for enlistment/reenlistment. Therefore, the assignment of RE-4 in item 27 of his DD Form 214 is in error.
3. The applicant was not fully qualified for reentry or continuous service at the time of his discharge, but his disqualification is waivable. Therefore, his RE code should be changed to RE-3.
4. Army Regulation 635-5-1 states the correct SPD code for failure to meet body fat standards was "JFV." Therefore, the correct entry for item 26 of the applicant's DD Form 214 is "JFV."
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 26 of his DD Form 214 the entry "JVF" and replacing it with the entry "JFV"; and
b. deleting from item 27 of his DD Form 214 the entry "RE-4" and replacing it with the entry "RE-3."
__________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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