IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100021632
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, in effect, that after completing his training he was transferred to an infantry unit in Germany and then he deployed to Bosnia for 8 months. He further states that when he returned to Germany he got into trouble because he was young and he was in a bad unit. He continues by stating that even after all of his troubles he still received an honorable discharge; however, he received an RE Code of 3 and he desires it to be changed so that he can go back into the Army to serve his country.
3. The applicant 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 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 in Atlanta, Georgia on 3 July 1997 for a period of 3 years and training as an infantryman. He completed all of his training at Fort Benning, Georgia and was transferred to an infantry company in Baumholder, Germany.
3. On 26 August 2002, he was honorably released from active duty in the pay grade of E-3 due to completion of required service. He was issued an RE Code of 3.
4. Army Regulation 601-210 provides the guidance for the issuance of RE Codes upon separation from active duty. It states, in pertinent part, that these Codes are not to be considered derogatory in nature, they are simply Codes that are used for identification of an enlistment processing procedure.
5. 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. Service in excess of the reenlistment control points (RCP) and/or a local bar to reenlistment are instances in which a person would be issued an RE Code of 3 at the time of separation.
6. Army Regulation 601-280 serves as the authority for reenlistments and establishes 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 and may be separated prior to their expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. 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 this requirement.
2. The applicant's contention that he was improperly issued the RE Code of 3 is without merit. The evidence of record clearly shows that such was not the case. He was serving in the pay grade of E-3 at the time of separation, and he had more than 3 years of service. This action in itself amounted to a self-imposed bar to reenlistment because he exceeded the RCP for his pay grade; therefore, he could not extend or reenlist.
3. While the applicant is not precluded from applying for a waiver at his nearest recruiting office, his DD Form 214 correctly reflects the RE Code that was applicable to his separation at the time and the applicant has failed to show otherwise.
4. Accordingly, there appears to be no basis to grant his request.
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) AR20100021632
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100021632
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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