IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100019727
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 that his reentry (RE) code be changed from a 3 to a 1.
2. The applicant states that he received an honorable discharge and he should have received an RE code of 1 instead a 3 because he fulfilled his enlistment commitment. Therefore, he should not have to obtain a waiver to reenlist in another branch of the service.
3. The applicant provides no additional documents with 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 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 enlisted in the Regular Army on 22 January 2002 for a period of 4 years, training under the airborne infantry training option, assignment to Italy and an $11,000 enlistment bonus.
3. He completed his training at Fort Benning, Georgia and was transferred to Vicenza, Italy for assignment to B Company, 2d Battalion, 503rd Airborne Infantry Regiment as an infantryman. He was advanced to the pay grade of E-4 while in Italy.
4. He completed his tour in Italy and was transferred to Fort Polk, Louisiana. Although the reduction instrument is not present in the available records, his records show that he was reduced to the pay grade of E-3 on 1 September 2005.
5. On 21 January 2006, he was honorably released from active duty (REFRAD) in the pay grade of E-3 due to completion of required service and he was assigned an RE code of 3. He had served 4 years of total active service.
6. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. A bar to reenlistment is one of those instances in which a person would be issued a code of RE-3 at the time of separation.
7. Army Regulation 601-280 serves as the authority for reenlistments and establishes reenlistment control points (RCP). It provides, in pertinent part, that Soldiers in the pay grade of E-3 at the end of their enlistment are not authorized to reenlist. Soldiers who are reduced to the pay grade of E-3 are not allowed to extend their enlistment.
DISCUSSION AND CONCLUSIONS:
1. At the time of the applicants REFRAD, he was still serving in the pay grade of E-3. Accordingly, he was properly issued an RE code of 3 because he had reached the RCP for his pay grade.
2. By virtue of the applicants pay grade at the time of his REFRAD, he was barred from reenlistment. Inasmuch as he was reduced to the pay grade of E-3, he essentially barred himself from reenlistment and his records properly reflect he was ineligible to reenlist.
3. However, the applicant is not precluded from applying for a waiver of his RE code at the nearest recruiting office, should he desire to re-enter military service. The needs of the service at the time an application is submitted normally dictates whether a waiver will be approved.
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) AR20100019727
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ABCMR Record of Proceedings (cont) AR20100019727
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