BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100010923 


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, that her reentry eligibility (RE) code of 3 be changed.

2.  The applicant states the RE code is not justified because "the board's decision to discharge me and being then overturned by the post commander that I should be retained on active duty."  She states no reasons were given to her as to why she could not reenlist.

3.  The applicant provides no additional evidence in support of her 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's military personnel records show she enlisted in the Regular Army on 16 June 1978 for a period of 3 years.  She completed basic combat training and advanced individual training and was awarded the military occupational specialty of 95B (Military Police).

3.  On 25 January 1980, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for failure to go at the time prescribed to her appointed place of duty.

4.  On 2 June 1980, the applicant's company commander recommended she be barred from reenlistment.  He stated she had failed to return rental property/pay just debts and had dishonored checks to the post exchange.  She also had accepted NJP on one occasion.  The commander stated she was unable to get along with her peers or supervisors.  He states she is unsuitable for further military service as evidenced by her:

* continued poor duty performance
* lack of initiative
* inability to meet military standards as displayed by her lack of improvement of duties after counseling 

5.  On 17 June 1980, the applicant acknowledged she had received a copy of the recommendation for a bar to reenlistment and did not desire to make a statement at that time.  She stated her commander had initiated a Chapter 13 discharge board and upon advice of counsel she elected to make no statement pending a resolution and final outcome from the administrative discharge proceedings.

6.  On 23 June 1980, the applicant's bar to reenlistment was approved by the group commander.

7.  On 25 February 1981, the applicant's commander reviewed her bar to reenlistment and recommended the bar be lifted.  On 26 February 1981, the group commander reviewed her bar and determined it would remain in effect.

8.  There is no evidence in the applicant's Military Personnel Records Jacket (MPRJ) of an administrative discharge proceeding or the initiation of a Chapter 13 discharge board.

9.  On 15 June 1981, the applicant was released from active duty by reason of her completion of her required service.  She had completed 3 years of active service that was characterized as honorable.  She was assigned an RE code 
of 3.


10.  References:

	a.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) then in effect covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve.  

		(1)  Table 4-6 (Armed Forces Reenlistment Codes Regular Army Reenlistment Eligibility Codes) stated that RE-3 was applicable to individuals who were not qualified for continued Army Service, but the disqualification was waivable.  These individuals were ineligible for enlistment unless a waiver is granted.

		(2)  Appendix C (Waivable Moral and Administrative Disqualifications) of Army Regulation 601-210 lists waivable moral and administrative disqualifications.  Line W of the Appendix shows that former Army members last discharged with a local bar to reenlistment may request a waiver to enlist in the U.S. Army.

	b.  Army Regulation 601-280 (Total Army Retention Program), in effect at the time, governed bars to reenlistment.  This regulation provided that a Soldier could be barred from reenlisting based on specific incidents of substandard performance and that any commander in the Soldier’s chain of command may initiate a bar to reenlistment.  Listed among the infractions or reasons that a Soldier may be barred from reenlistment are:

* continuous indebtedness; reluctance to repay; or late payments
* cannot adapt to military life; uncooperative; involved in frequent 	difficulties with fellow Soldiers

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her RE code is in error because a board decision to discharge her was overturned by the post commander.  She also contends she was given no reasons why she could not reenlist.

2.  While the applicant referred to a discharge board in her request and in the notification of her bar to reenlistment, there is no evidence of any administrative discharge proceedings in the applicant's MPRJ.  


3.  While the applicant contends she didn't know why she couldn't reenlist, the reasons for her bar to reenlistment are clearly shown in the recommendation for her bar to reenlistment.  She acknowledged receiving a copy of that recommendation.  She chose at the time not to make a statement and there is no evidence of her having submitted a statement at a later date.

4.  At the time of her release from active duty, the applicant had a local bar to reenlistment in place.  This made her ineligible for continued Army Service, but the disqualification was waivable.  Therefore, she was correctly assigned an RE code of 3 as provided for by the regulation.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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)                                         AR20100010923





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ABCMR Record of Proceedings (cont)                                         AR20100010923



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