IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100024392
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 his Reentry (RE) code be changed so he can reenlist.
2. The applicant states:
* he is not certain why he was assigned an RE code that does not allow him to reenter the military
* his service and experience will be beneficial to the needs of the military and will allow him to better himself
3. The applicant provides his DD Form 214 (Certificate of Release of Discharge from Active Duty) in support of 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. He enlisted in the Regular Army on 27 May 1997. He served as an infantryman in Afghanistan, Kuwait, and Iraq. He remained on active duty through continuous reenlistments. On 1 August 2005, he was honorably discharged in the rank of specialist under the provisions of Army Regulation
635-200, chapter 4, for completion of required active service after completing
8 years, 2 months, and 5 days of creditable active Federal service.
3. Item 25 (Separation Authority) of his DD Form 214 shows the entry "AR [Army Regulation] 635-200, CHAP [chapter] 4." Item 26 (Separation Code) shows the entry "JBK." Item 27 (Reentry Code) shows the entry "3." Item 28 (Narrative Reason for Separation) shows the entry "COMPLETION OF REQUIRED ACTIVE SERVICE."
4. Army Regulation 635-5-1 (Separation Program Designator Codes (SPD) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons. The regulation states the reason for discharge based on separation code JBK is Completion of Required Active Service and the regulatory authority is Army Regulation 635-200, chapter 4. The regulation also states that separation code "JBK" is to be used for Regular Army Soldiers ineligible for, barred from, or otherwise denied reenlistment who are discharged on completion of enlistment.
5. 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 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
6. Paragraph 3-10b(3) of Army Regulation 601-210 states that if a specialist is eligible to enlist with or without a waiver or grade determination the term of enlistment when added to previous active Federal service will not exceed
10 years of Active Federal Service.
7. Paragraph 3-15a of Army Regulation 601-210 states that enlistment for prior service applicants in the Regular Army is authorized for a period of at least 3 but not more than 6 years. A specific military occupational specialty may require a minimum term of service.
8. RE-3 applies to persons who are not qualified for continued Army service, but the disqualification is waivable.
9. RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.
10. The SPD Code/Reentry Code Cross Reference Table, dated 31 March 2003, shows the SPD of "JBK" will be assigned an RE code of 3.
DISCUSSION AND CONCLUSIONS:
In the absence of evidence to the contrary, it must be presumed that the applicants RE code was administratively correct and in conformance with applicable regulations in effect at the time of he was separated. Presumably, because he was separated with more than 8 years of active service and his minimum enlistment period would be 3 years, he was not eligible for enlistment without a waiver.
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) AR20100024392
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