IN THE CASE OF:
BOARD DATE: 9 April 2010
DOCKET NUMBER: AR20090017454
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, to have his Reenlistment Code (RE Code) corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he retired honorably from the Army and there is no reason he should have an RE Code that prohibits reentry.
3. The applicant provides a copy of his DD Form 214 and a Military Re-Code Navy Reenlistment Eligibility Chart.
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 Army on 22 October 1976. He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Field Artillery Crewman).
3. After serving 20 years, 2 months, and 3 days of total service with no time lost, the applicant retired on 31 August 1980 with an honorable characterization of service.
4. The DD Form 214 issued upon retirement shows in item 26, a Separation Code of "RBD" (Sufficient Service for Retirement) and in item 27, an RE Code of "4" (Individuals separated from last period of service with a nonwaiverable disqualification).
5. 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. These codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure. The RE Code 4R applies to enlisted personnel after 20 or more years of Active Federal Service.
6. The SPD/RE Code Cross table indicates an RE Code of "4R" will be applied when the separation code is "RBD."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the RE Code on his DD Form 214 was carefully considered and determined to merit correction.
2. The evidence of record confirms the applicant was honorably retired on
31 August 1980. The applicable SPD Code has a corresponding RE Code of "4R." It appears the applicant's RE Code was incorrectly entered as "4." Therefore, he is entitled to correction of his DD Form 214 to show the correct RE Code.
3. The purpose of the RE Code is only to determine eligibility for reenlistment and would not prevent an honorably retired Soldier from being recalled to active duty.
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 amending item 27 of his DD Form 214 to read "4R."
_______ _ _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) AR20090017454
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090017454
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015777
IN THE CASE OF: BOARD DATE: 12 May 2015 DOCKET NUMBER: AR20140015777 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing in the Regular Army, U.S. Army Reserve, and Army National Guard. SPD code RBD applies to Soldiers retired for sufficient service for retirement and the regulatory authority is Army Regulation 635-200, chapter 12.
ARMY | BCMR | CY2013 | 20130009371
The applicant's RE code was assigned based on his retirement from active duty. The SPD code was the appropriate code based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2007 | 20070009913
ARMY | BCMR | CY2013 | 20130020816
The applicant requests his reentry (RE) code be changed to a more favorable RE code. He served 21 years and 23 days of creditable active service and he was assigned an RE code of "4R" and a separation code of RBD to denote separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12, by reason of sufficient service for retirement. Pertinent Army Regulations provide that prior to discharge or release from active duty individuals...
ARMY | BCMR | CY2011 | 20110003489
The applicant requests that his reentry (RE) code be changed to a code that will allow him to enlist in the National Guard or Reserve. He had served 20 years and 23 days of active service and he was assigned an RE code of "4R" and a separation code of RBD to denote separation under chapter 12 of Army Regulation 635-200. An RE code of "4R" indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification...
ARMY | BCMR | CY2009 | 20090000871
Item 23 (Type of Separation) of the applicant's DD Form 214 issued on 31 August 2007 shows his separation was for retirement under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12. Table 3-1 contains a list of the Regular Army RE codes and shows that RE code 4R applies to a Soldier who retired after completing 15 or more years of active Federal service. While the applicant's reasons for voluntarily requesting retirement upon completion...
ARMY | DRB | CY2005 | 20050000825C070206
The applicant requests, in effect, corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1989. Item 12b - 89 11 30 (1989 November 30); c. Item 12c - 12 08 20 (12 years, 8 months, and 20 days); d. Item 12d - 07 04 02 (7 years, 4 months, and 2 days); e. Item 12f - 04 03 26 (4 years, 3 months and 26 days); f. Item 18 - "830121-890120" (21 January 1983 - 20 January 1989); g. Item 26 - RBD - Separation Code RBD is defined in...
ARMY | BCMR | CY2005 | 20050000825C070206
The applicant requests, in effect, corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1989. Item 12b - 89 11 30 (1989 November 30); c. Item 12c - 12 08 20 (12 years, 8 months, and 20 days); d. Item 12d - 07 04 02 (7 years, 4 months, and 2 days); e. Item 12f - 04 03 26 (4 years, 3 months and 26 days); f. Item 18 - "830121-890120" (21 January 1983 - 20 January 1989); g. Item 26 - RBD - Separation Code RBD is defined in...
ARMY | BCMR | CY2005 | 20050000825C070206
The applicant requests, in effect, corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1989. Item 12b - 89 11 30 (1989 November 30); c. Item 12c - 12 08 20 (12 years, 8 months, and 20 days); d. Item 12d - 07 04 02 (7 years, 4 months, and 2 days); e. Item 12f - 04 03 26 (4 years, 3 months and 26 days); f. Item 18 - "830121-890120" (21 January 1983 - 20 January 1989); g. Item 26 - RBD - Separation Code RBD is defined in...
ARMY | BCMR | CY2004 | 2004102130C070208
The applicant requests, in effect, correction of his separation document (DD Form 214). Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he was assigned an RE-4R code to denote his separation was based on his...