IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100025286
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 Reenlistment Eligibility (RE) code be changed to a "1" and his Separation Program Designator (SPD) code be changed to a code that will allow him to reenter the military by lifting the locally imposed bar to reenlistment.
2. The applicant states he should not have lost his veterans benefits due to his narrative reason for separation and his assigned RE code.
3. The applicant does not provide any additional documents.
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 applicants military records show that he enlisted in the Regular Army on 12 August 1986, he was awarded military occupational specialty 95B (Military Police), and pay grade E-2 was the highest rank that he achieved.
3. On 26 February 1987, the applicant was entered into the Army Weight Control Program (AWCP) and he was weighed six times between 11 March and 26 May 1987 and he made no substantial improvements. On 26 May 1987, the applicant's commander initiated a local bar to reenlistment against him due to apathy towards the AWCP.
4. The applicant acknowledged he understood the reasons for the proposed bar, and stated "I understand that I'm overweight and have been counseled many times before. I also feel that I cannot lose the weight and don't feel I could ever get to the limit that I'm supposed to. At this time I would like to request a Chapter 16. To be separated from the service."
5. The appropriate authority approved the bar to reenlistment against the applicant.
6. On 16 July 1987, the applicant requested that he be separated due to being under a locally imposed bar to reenlistment. His request was approved, resulting in the applicant being honorably discharged on 15 September 1987.
7. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 16-5b due to a locally imposed bar to reenlistment. He completed 1 year, 1 month, and 4 days of active service and he was assigned an SPD code of "KGF" and an RE code of 4.
8. Army Regulation 635-200 (Enlisted Separations) sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-5b provides that Soldiers who perceive that they will be unable to overcome a local bar to reenlistment will be allowed to request discharge from the service in spite of any existing service obligation which will not be fulfilled by an early release date. Soldiers may request discharge anytime after receipt of the local bar to reenlistment or notification that an appeal of the bar was disapproved.
9. The SPD/RE Codes Cross Reference Table shows the SPD code of "KGF" is to be assigned either an RE code of 3 or 4. It continues that an RE-3 should be used if the disqualification that led to discharge was waivable. A RE-4 code should be used if the disqualification that led to discharge was nonwaivable.
10. Army Regulation 601-210, chapter 4, shows separation due to a locally imposed bar to reenlistment is waivable for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's failure to make progress on the AWCP and his self-admitted inability to comply with Army weight standards provided ample grounds to bar him from reenlistment.
2. The applicant did not contest the bar to reenlistment and he, himself, requested a discharge based on his perception that he could not overcome the local bar.
3. As such, his bar to reenlistment and discharge are both proper and there is no reason to lift his bar or to change the narrative reason for separation.
4. However, while the applicant was appropriately assigned an SPD code of "KGF" due to a locally imposed bar to reenlistment, he was improperly assigned an RE code of 4. Since separation due to a locally imposed bar to reenlistment is waivable for enlistment, he should have been assigned an RE-3.
5. The ABCMR does not correct a properly constituted record to establish entitlement to benefits from another agency.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was assigned an RE-3 code.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to an RE-1 code, lifting his bar to reenlistment, or changing his SPD..
____________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) AR20100025286
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100025286
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080011791
The applicant requests that his bar to reenlistment be waived, in effect, an upgrade of his Reenlistment Eligibility (RE) Code. On 3 February 1987, the applicant requested to be separated under the provisions of paragraph 16-5, Army Regulation 635-200. Therefore, it would be appropriate to correct the applicant's records to show a RE Code of "RE-3" which is consistent with the basis for his reason for separation and the number of years he had served at the time of separation.
ARMY | BCMR | CY2010 | 20100028065
The applicant was honorably separated from the ARNGUS and CAARNG on 29 January 1982 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation. On 7 May 1987, the separation authority approved the applicant's request for separation under the provisions of Army Regulation 635-200, paragraph 16-5b, with issuance of an Honorable Discharge Certificate. The SPD/RE Code Cross Reference Table also shows RE code 4 as an appropriate RE code to...
ARMY | BCMR | CY2005 | 20050017031C070206
Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned reentry codes, based on their service records or the reason for discharge. RE–4 applies to persons not qualified for continued service by virtue of being separated from the service with non-waivable disqualifications such as persons with a local bar to reenlistment. The evidence shows that the applicant was discharge under the provisions of Army Regulation 635-200, chapter...
ARMY | BCMR | CY2008 | 20080007765
He may want to reenlist, but the RE code is RE code 4. He was given a separation code of KGF (Headquarters, Department of the Army imposed bar to reenlistment or locally-imposed bar to reenlistment under the provisions of Army Regulation 635-200, paragraphs 16-5a or 16-5b) and an RE code of 4. Based upon his years of active service and his locally-imposed bar to reenlistment, he should have been given an RE code of 3, not an RE code of 4.
ARMY | BCMR | CY2003 | 2003084646C070212
The applicant requests, in effect, that her reentry (RE) code of 4 be upgraded to a 2, that her separation code be changed, and that the bar to reenlistment be removed from her records. The evidence of record indicates that the applicant requested to be discharged under Army Regulation 635-200, chapter 16, paragraph 5b after being barred from reenlistment. The evidence of record shows that the applicant was given RE code 4.
ARMY | BCMR | CY2007 | 20070018366
It explained, in pertinent part, that members separated under this provision who had a local bar to reenlistment with less than 18 years of service would be assigned the RE-3 code. By regulation, members separated under the provisions of Army Regulation 635-200, paragraph 16-5b, with an SPD code of KGF, based on a locally imposed bar to reenlistment would be assigned the RE-3 code. The evidence of record clearly shows that the applicant was separated by reason of a locally imposed bar to...
ARMY | BCMR | CY2009 | 20090006836
This regulation provides that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or reason for discharge. The SPD/RE Code Cross-Reference Table indicates that a RE Code of 4 or 3 may be applied when the separation code is "KGF." The applicant's separation code of "KGF" is consistent with the basis for his separation; however, the applicable regulation states, in pertinent part, that a RE code of "3" or "4" is appropriate...
ARMY | BCMR | CY2007 | 20070002287
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2007 DOCKET NUMBER: AR20070002287 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. 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 23 April 1987 be changed. The evidence of record shows the applicant...
ARMY | BCMR | CY2009 | 20090010347
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant states, in effect, that his separation and RE codes are in error because he was not told why he was being barred from reenlistment. The SPD code of KGF had a corresponding RE Code of 4. The regulation also specified that an RE Code of RE-3 would be applied when there was a locally imposed bar to reenlistment and the Soldier had less than 18 years active service.
ARMY | BCMR | CY2005 | 20050017468C070206
This regulation in effect at the time of the applicant’s separation stated that the SPD code of KGF was the appropriate code to assign to Soldiers separated under the provisions of paragraph 16-5b of Army Regulation 635- 200, by the reason of locally imposed bar to reenlistment. The evidence of record shows that the applicant was discharged at his own request, based on his perception that he could not overcome his locally imposed bar to reenlistment. In accordance with Army Regulation...