BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017394 


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, a change to her reentry eligibility (RE) code so she can enlist.

2.  The applicant states it has been over 20 years and she wants to enlist.

3.  The applicant provides no documentary 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 enlisted in the Regular Army on 29 August 1985 for a period of 3 years.  She served as an administrative specialist.  On 28 January 1988, she was honorably discharged for immediate reenlistment.  She reenlisted on 29 January 1988 for a period of 3 years.

3.  On 17 November 1989, the applicant signed a declination of continued service statement.

4.  A DA Form 4187 (Personnel Action), dated 13 March 1990, shows the applicant voluntarily requested discharge from the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 16, due to a bar to reenlistment.  This form also states, "I also understand that once separated I will not be permitted to reenlist at a later date."

5.  On 19 March 1990, the separation authority approved the applicant's request.

6.  Accordingly, the applicant was honorably discharged on 16 April 1990 under the provisions of Army Regulation 635-200, paragraph 16-5b, by reason of a locally imposed bar to reenlistment.  She served 4 years, 7 months, and 18 days of creditable active service.

7.  Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [Paragraph] 16-5b."  Item 26 (Separation Code) of her DD Form 214 shows the entry "KGF."  Item 27 (Reentry Code) of her DD Form 214 shows the entry "3."  Item 28 (Narrative Reason for Separation) of her DD Form 214 shows the entry "LOCALLY IMPOSED BAR REENLISTMENT."

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16 covers discharges caused by changes in service obligations.  Paragraph 16-5 applies to personnel denied reenlistment and provides that Soldiers who receive Department of the Army-imposed or locally-imposed bars to reenlistment and who perceive that they will be unable to overcome the bar may apply for immediate discharge.  Incident to the request the member must state that he or she understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted.

9.  Army Regulation 601-280 (Total Army Retention Program) prescribes the eligibility criteria and options available in the Army Reenlistment Program.  Chapter 6 provides for barring from reenlistment individuals whose continued active duty is not in the best interest of the military service.  This chapter specifies that bars will be used when immediate administrative discharge from active service is not warranted.

10.  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 separation program designators to be used for these stated reasons.  The regulation in effect at the time stated the reason for discharge based on separation code "KGF" was "[Headquarters, Department of the Army]-imposed bar to reenlistment or locally-imposed bar to reenlistment" and the regulatory authority was Army Regulation 635-200, paragraph 16-5a or 16-5b.

11.  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 processing into the RA, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

12.  The SPD/RE Code Cross Reference Table in effect at the time showed that Soldiers given a separation code of "KGF" were given RE-3 or RE-4.  However, it also states that a Soldier with a local bar to reenlistment (less than 18 years active service) will be given RE-3.

DISCUSSION AND CONCLUSIONS:

The applicant's RE code was administratively correct and in conformance with applicable regulations at the time of her separation.  There is no error in her records and she provides an insufficient reason that would justify changing her 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 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)                                         AR20100017394



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ABCMR Record of Proceedings (cont)                                         AR20100017394



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