IN THE CASE OF:
BOARD DATE: 04 May 2010
DOCKET NUMBER: AR20090018072
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 his reentry eligibility (RE) code be changed from 4R to 3R so he can reenter the Army.
2. The applicant states:
* he believes his RE code is incorrect
* a recruiter told him in order to enlist, his RE code needs to be 3R
* he does not understand why the RE code is 4R which pertains to service members with 20 years of service
* he participated in the early retirement program after serving 15 years and 9 months of service
* he and the recruiter agree his RE code should be 3R based on his total service
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 applicant's 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 applicant's 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 on 10 April 1979. He served as a combat engineer and remained on active duty through continuous reenlistments. On 31 January 1995, he retired in the rank of sergeant first class under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 12, for voluntary early retirement. He had served a total of 15 years, 9 months, and 21 days of creditable active service.
3. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "Army Regulation 635-200, chapter 12." Item 26 (Separation Code) of his DD Form 214 shows the entry "RBE." Item 27 (Reentry Code) of his DD Form 214 shows the entry "4R." Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "voluntary early retirement."
4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons. The regulation states the reason for discharge based on separation code RBE is voluntary early retirement and the regulatory authority is Army Regulation 635-200, chapter 12.
5. Army Regulation 635-200 states 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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve and includes a list of the RA RE codes:
a. RE-4R applies to Soldiers who retired for length of service with 15 or more years of active Federal service.
b. RE-3R is not an authorized code.
6. The SPD/RE Code Cross Reference Table, dated September 1993, shows that Soldiers given an SPD of RBE were given an RE code of 4R.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant's RE code was assigned based on the fact he retired with over 15 years of active Federal service. The RE code associated with this type of separation is an RE-4R. Therefore, the applicant received the appropriate RE code associated with his retirement.
2. The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of his separation. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20090018072
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