IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024628 


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 eligibility (RE) code of 3C be changed to an RE code of 1.

2.  The applicant states he is not sure of the reason for his RE-3C code.  He claims he never received nonjudicial punishment and did everything expected of him while serving.  He states that subsequent to his discharge he has become a Registered Nurse and would like to join the Reserve.

3.  The applicant provides an extract of Army Regulation 600-200 (Enlisted Personnel Management System) 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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military record shows he enlisted in the Regular Army on 3 March 1987, and was trained in and awarded military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman).

3.  The applicant's record shows that during his active duty tenure he earned the following awards:

* Army Service Ribbon
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Humanitarian Service Medal (2nd Award)
* Sea Service Deployment Ribbon (Navy-Marine Corps) with one service star
* Navy "E" Ribbon (Navy)
* Army Good Conduct Medal (3rd Award)
* Naval Expeditionary Medal
* Navy Good Conduct Medal
* Southwest Asia Service Medal
* Noncommissioned Officer Professional Development Ribbon (2)
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Dragon Gunner Bars
* Combat Infantryman Badge

4.  On 3 July 1991, the applicant was honorably discharged in the rank of corporal/E-4 after completing a total of 12 years, 6 months, and 3 days of active military service.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, by reason of completion of required service.  It also shows he was assigned a separation program designator (SPD) code of JBK and an RE code of 3C.

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment.

6.  Chapter 3 of Army Regulation 601-280 also includes a list of Armed Forces RE codes.  RE-3 applies to persons who have a waivable disqualification.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are required to process waiver requests.

7.  Army Regulation 600-200, in effect at the time of the applicant's discharge, proved policies and procedures for the management of enlisted personnel.  Chapter 4 contained guidance on the Qualitative Management Program and section II contained guidance on Qualitative Retention Program which provided for the use of reenlistment ineligibility points (RIP) for each grade.  The RIP was the maximum number of years of active Federal service authorized for a Soldier in a specific grade.  It stipulated that reenlistment or extension of members in grade E-4 would not exceed 10 years and 13 years for those in the grade E-5.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, contained a SPD/RE Code Cross Reference Table.  It stipulated that RE-3C would be assigned members who failed to meet grade and service requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE-3C code should be changed to RE-1 because his record of service was good has been carefully considered.  However, the evidence is not sufficient to support this claim.

2.  The governing enlistment management regulation in effect at the time of the applicant's discharge did not allow for reenlistment of members in the grade E-4 beyond 10 years or 13 years for those in the grade E-5.  The evidence of record confirms the applicant completed 12 years, 3 months, and 6 days of active Federal service at the time of his discharge.

3.  The regulation governing SPD and RE codes in effect at the time of the applicant's discharge stipulated that members who failed to meet grade and service requirements would be assigned an RE-3C code.  Absent any evidence that the RE code assigned to the applicant was in error at the time it was issued, it was and remains valid.

4.  Although the applicant was assigned an RE-3C code, this does not prohibit him from enlisting.  There are regulatory provisions that allow him to apply for a waiver to his RE code to enlist/reenlist if he is otherwise qualified.  Therefore, if he would like to reenter military service, he should consult with recruiting officials who are responsible for submitting RE code waivers to determine if he is qualified for enlistment.

5.  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 failed to submit evidence that would satisfy this requirement.

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 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)                                         AR20100024628



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ABCMR Record of Proceedings (cont)                                         AR20100024628



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