BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018978
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 change of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code of "1" instead of "2."
2. The applicant states that there was no reason to list an RE-2 code since his discharge was early at the convenience of the government.
3. The applicant provides no additional documentary evidence in support of this 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's military records show he enlisted in the Regular Army on 20 June 1978. He was awarded military occupational specialty 19D (cavalry scout). The highest rank/grade he held during his service was specialist (SP4)/E-4.
3. The applicant was released from active duty on 17 June 1982 after completing 3 years, 11 months, and 28 days of active service. His DD Form 214 shows he was assigned a separation program designator (SPD) code of "LBM" and an RE code of 2. The narrative reason for separation was "short length of time remaining on active duty precludes reassignment."
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served overseas in Germany until 21 April 1982.
5. Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 5-12, in effect at the time, stated that specified commanders were authorized to order separation for convenience of the Government of enlisted personnel returned to the United States, a possession of the United States, or area of residence in which enlisted or ordered to active duty, after completing, or having credit for completing, the normal oversea tour in the appropriate area as set forth below.
a. Enlisted personnel in the United States or area of residence on TDY or emergency leave from oversea organization who, upon completion of TDY or leave, are within 60 days of ETS, will be discharged or released, as appropriate.
Those on TDY will be discharged or released only if the oversea commander does not indicate a desire to have the members return upon completion of TDY.
b. This paragraph is not to be construed as authority for early return. It authorizes separation for the purpose stated only, in order to preclude nonproductive reassignments for short periods of time.
6. The appendix in Army Regulation 635-5-1 (SPD Codes), in effect at the time, indicated the SPD code of "LBM" denoted "short length of time remaining on active duty precludes reassignment."
7. The Army Human Resources Command (HRC) publishes a cross-reference list of SPD and RE codes. The cross-reference list in effect at the time showed that an SPD code of LBM was assigned an RE code of 2.
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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve Components. Chapter 3 of that regulation prescribes basic eligibility for prior-service applicants for enlistment. That chapter includes a list of Armed Forces RE codes. This regulation in effect at the time stated that an RE code of 2 applied to persons separated before completing a contracted period of service whose reenlistment was not contemplated. The person was considered fully qualified for enlistment.
9. Army Regulation 601-210 provides that RE codes may be changed only if they are determined to be administratively incorrect. RE codes are used for administrative purposes only. These codes are not to be considered derogatory in nature; they simply are codes used for identification of an enlistment processing procedure.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his RE code 2 be upgraded was carefully considered.
2. There is no evidence in the available record, and the applicant has provided no evidence, that shows irregularity in the assignment of his RE code. The SPD cross-reference table states that the applicant was to be assigned an RE-2 based on the reason for his release from active duty.
3. As such, there is no basis for changing a properly assigned RE code.
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.
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