IN THE CASE OF:
BOARD DATE: 15 March 2010
DOCKET NUMBER: AR20100021072
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 the reentry eligibility (RE) code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be upgraded.
2. The applicant states he feels his RE code is keeping him from moving forward in life. He does not believe it is suitable considering the length of time that has passed.
3. The applicant provides a copy of his DD Form 214.
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 21 August 1992. He received a bad conduct discharge on 17 March 2004.
3. His DD Form 214 shows in:
* item 25 (Separation Authority) Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 3, Section IV
* item 26 (Separation Code) JJD
* item 27 (Reentry Code) 4
* item 28 (Narrative Reason for Separation) Court-Martial, Other
4. Army Regulation 635-5-1 (Separation Program Designator Codes) states the separation program designator (SPD) codes are three-character alphabetic combinations, which identify reasons for and types of separation from active duty. The version of the regulation in effect at the time stated the SPD code "JJD" (Court-Martial, Other) is the correct code for Soldiers separated under Army Regulation 635-200, Chapter 3, Section IV.
5. The SPD/Reentry (RE) Code Cross-Reference Table, dated 31 March 2003, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross-reference table shows the SPD codes and corresponding RE codes. The SPD code of "JJD" has a corresponding
RE code of "4."
DISCUSSION AND CONCLUSIONS:
1. The RE code on the applicant's DD Form 214 was assigned based on the fact that he was discharged by order of a court-martial. The RE code associated with this type of discharge is 4. The RE code on the applicant's DD Form 214 is correct.
2. The available evidence shows no error or injustice. Therefore, there is no basis for granting the requested relief.
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) AR20100021072
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ABCMR Record of Proceedings (cont) AR20100021072
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