BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100024580
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 Reenlistment (RE) Code be removed from his DD Form 214.
2. The applicant states that when he was released from the Army he had the
RE Code removed and he desires it to be removed again.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 Oakland, CA on 21 October 1969 for a period of 2 years. He completed his basic training at Fort Lewis, WA and he was transferred to Fort Sheridan, IL for duty as a duty Soldier.
3. On 27 February 1970 his commander initiated action to discharge him from the service under the provisions of Army Regulation 635-212 (Personnel Separations-Discharge-Unfitness and Unsuitability) for unsuitability because of his apathy, defective attitudes, and inability to expend effort constructively. He went on to state that nonjudicial punishment had been imposed against the applicant on two occasions and that he demonstrated an uncooperative nature and inability to conform to the structure and discipline of the service.
4. The appropriate authority approved the recommendation on 11 March 1970 and directed the issuance of a General Discharge Certificate.
5. Accordingly, he was discharged under honorable conditions on 13 March 1970 under the provisions of Army Regulation 635-212 for unsuitability. He had served 4 months and 23 days of active service and was issued a Separation Program Number (SPN) of 264 (Unsuitability, character and behavior disorders) and an RE code of RE-4.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared in multiple copies and the individual Soldier will be provided a copy that contains the narrative reason for separation and RE Code and one copy that does not contain the narrative reason for separation and RE Code.
7. 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 reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
8. RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification. The applicable regulations direct that an RE Code of 4 be issued for an SPN of 264.
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 the aforementioned requirement.
2. The applicant has failed to show through the evidence submitted or the evidence of record that he was issued the wrong RE code at the time of his separation or that his RE code should be removed from his DD Form 214.
3. Accordingly, there appears to be no basis to remove his RE code as he requests.
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) AR20100024580
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024580
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