BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100014861 


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 an upgrade of his reentry eligibility (RE) code from 3A to 1.

2.  He states he was in the Army for 8 years and always received excellent enlisted evaluation reports.  He further states he was not available to sign his DD Form 214 at the time of his discharge and the RE code was never explained to him.  He discovered this error 2 years ago when he tried to enlist.

3.  He attests that for 6 years after he received a Reserve Officers' Training Corps (ROTC) commission, he was placed in a hold status as the Army contemplated whether he could enter active duty as a second lieutenant (2LT) since he had suffered a brain aneurysm.  His neurosurgeon even wrote to the Army on his behalf in support of allowing him to enter active duty.  The Army did not approve his request.  Then 20 years later, he was turned down again when he tried to enter the U.S. Army Reserve (USAR) as an enlisted member.  Now he seeks to correct his RE code because he believes it is the right thing to do.

4.  He provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 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.  He enlisted in the Regular Army (RA) on 31 August 1972.  Upon completion of initial entry training he was awarded military occupational specialty 71Q (Basic Military Journalist) which was later redesignated Information Specialist.  The highest rank/grade he attained while serving on active duty was staff sergeant/
E-6.

3.  On 7 May 1980, he submitted a memorandum of refusal to extend or reenlist to meet the length in service requirement for reassignment in accordance with the pertinent policy.  He cited his intent to return to college as his reason for refusal.  He was counseled regarding the effect of his refusal to take action to meet the length in service requirements of his reassignment instructions.  He acknowledged his understanding that he would be ineligible for reenlistment in his present grade upon separation and for a period of 93 days after discharge.  He also was informed his separation documents would reflect an RE code of 3A in accordance with current policy.  It was then reiterated that he was not eligible to extend, reenlist, or to be promoted.  He authenticated this document with his signature.

4.  His DD Form 214 shows he was discharged from the RA on 11 December 1980.  This form also contains the following pertinent information:

* block 24 (Character of Service) shows his service as honorable
* block 25 (Separation Authority) shows he was separated under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 2
* block 26 (Separation Code) shows his separation program designator (SPD) code as JBK
* block 27 (Reenlistment Code) shows he was assigned an RE code of 3A
* block 28 (Narrative Reason for Separation) shows "completion of required service (expiration of term of service)"

5.  On 5 October 1981, he enlisted in the USAR Control Group (ROTC) in order to pursue a college degree as a cadet.  He was commissioned as a 2LT in the USAR on 8 July 1983.  He was honorably discharged from the USAR on 12 August 1987.

6.  Army Regulation 635-5-1 (SPD Codes), in effect at the time of the applicant's separation, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It stated that the SPD code of JBK was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, USAR, and Army National Guard.  Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment.  This chapter includes a list of Armed Forces RE codes, including RA RE codes.

	a.  RE code 1 applies to persons who were considered fully qualified for reentry or continuous service at the time of separation.

	b.  RE code 3A applies to persons who did not meet reentry criteria at the time of separation, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code should be upgraded was carefully considered and determined to lack merit.

2.  On 7 May 1980, he submitted a memorandum of refusal to extend or reenlist to meet the length in service requirement for the purpose of reassignment so he could return to college.  The evidence clearly shows:

* he was counseled regarding the effect of his refusal to take action to meet the length in service requirements of his reassignment instructions
* he acknowledged his understanding that he would be ineligible for reenlistment in his present grade upon separation and for a period of 93 days after discharge
* he was informed his separation documents would reflect a RE code of 3A in accordance with current policy
* he was not eligible to extend, reenlist, or to be promoted

3.  The evidence shows he was appropriately assigned an RE code of 3A based on his narrative reason for separation and his SPD code.  Therefore, there is no basis for granting the applicant's requested relief.  Additionally, he is advised that an RE code of 3A does not indicate he had any adverse actions during his period of service.  Block 24 of his DD Form 214 clearly shows his service was characterized as honorable.

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 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)                                         AR20100014861



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ABCMR Record of Proceedings (cont)                                         AR20100014861



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