IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100023678
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 on his DD Form
214 (Certificate of Release or Discharge from Active Duty) with the ending period 25 January 1993 be changed to from RE-3 to RE-1.
2. He states, in effect, that he was barred from reenlistment in the Army because he did not meet the Army Physical Fitness Test (APFT) standards. He continues that he would like to enlist in the Army to prove that he can meet the APFT standards.
3. He provides his DD Form 214 and a National Guard Bureau (NGB) Form
22 (Report of Separation and Record of Service) for the period ending
6 February 2002.
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 3 December 1986 and successfully completed advanced individual training. He was awarded military occupational specialty 63H (Track Vehicle Repairman).
3. A DA Form 4126-R (Bar to Enlistment/Reenlistment Certificate), dated
7 November 1992, shows he was barred from reenlistment for being a two-time failure of the APFT and enrollment in the Army Weight Control Program. He did not desire to submit a statement on his own behalf.
4. On 1 December 1992, he requested separation for failure to overcome a bar to reenlistment under the provisions of Army Regulation 635-200, paragraph
16-5b. The appropriate authority approved his request on 1 December 1992.
5. On 25 January 1993, he was honorably discharged after completing 6 years, 1 month, and 23 days of creditable active service with no lost time.
6. His DD Form 214 for the period ending 25 January 1993 shows in item
26 (Separation Code) the entry "KGF," item 27 (Reentry Code) shows the entry "3," and item 28 (Narrative Reason for Separation) shows the entry "LOCALLY IMPOSED BAR TO REENLISTMENT."
7. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-5b, in effect at the time, provided for members who were under a locally imposed bar to reenlistment to voluntarily request discharge if they perceived they could not overcome the bar to reenlistment.
8. Army Regulation 635-5-1 (SPD Codes) provides 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. The SPD/RE Code Cross Reference Table establishes RE-3 codes as the proper reentry code to assign to Soldiers when the SPD is KGF. The Cross Reference Table further states to assign RE code 3 for local bar to reenlistment (less than 18 years active duty service).
9. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Table 3-8 of the regulation states that RE-3 code applies to a Soldier who is not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable and that RE-1code applies to a Soldier t qualified for continued Army service.
10. Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria. Recruiting personnel are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he needs his RE code changed on his DD Form 214 in order to reenter military service. However, the ABCMR does not change RE codes solely to allow former Soldiers to reenter military service.
2. Evidence of record shows the he received a locally-imposed bar to reenlistment 7 November 1992 for being a two-time failure of the APFT. His voluntary separation was processed under the provisions of Army Regulation 635-200, paragraph 16-5b because he did not anticipate being able to overcome the bar to reenlistment. Therefore, he was properly separated with a narrative reason of LOCALLY IMPOSED BAR TO REENLISTMENT. By regulation, since he had less than 18 years of active duty service, this mandated that he be separated from the Army with an RE-3 code.
3. The evidence of record confirms that the applicants separation processing was accomplished in accordance with the applicable regulations, to include the RE code of 3 code assignment. Lacking independent evidence to the contrary, it is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process.
4. However, this does not mean he has been completely denied the opportunity to enlist. Since he is eligible to apply for a waiver, he has the option of visiting his local recruiting station and consulting with recruiting personnel who are required to process a waiver 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.
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