IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100028065
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 correction of his reentry eligibility (RE) code.
2. The applicant states he was discharged based on a locally-imposed bar to reenlistment and issued RE code 4. He adds he previously served as a wheeled vehicle mechanic, welder, tactical vehicle operator, medical specialist, and emergency responder.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a Department of Veterans Affairs (VA) letter that notified him the VA was reviewing his disability compensation award and rate.
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 enlisted in the Army National Guard of the United States (ARNGUS) and California Army National Guard (CAARNG) for a period of 6 years on 19 September 1977.
a. He was ordered to active duty for training (ADT) on 20 November 1977 and awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic). He was honorably released from ADT on 18 March 1978 and returned to his CAARNG unit.
b. 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.
3. The applicant again enlisted in the ARNGUS and CAARNG for a period of 6 years on 2 February 1982. He attended Officer Candidate School and was appointed as a Reserve commissioned officer in the rank of second lieutenant as a combat engineer on 27 May 1983. He was honorably discharged on 31 July 1985 due to temporary incompatibility with civilian employment and transferred to the USAR Control Group (Standby).
4. The applicant enlisted in the Regular Army (RA) for a period of 4 years on 21 April 1986. Upon completion of training he was awarded MOS 91A (Medical Specialist). He was assigned overseas to Germany on 26 October 1986.
5. On 6 May 1987, the applicant's battalion commander approved a bar to reenlistment based on the applicant's failure of the Army Physical Fitness Test, failure to meet Army height and weight standards, and not being at his appointed place of duty at the appointed time. The applicant was counseled on the reasons for the bar to reenlistment and the adverse consequences that might ensue from similar actions.
6. On 6 May 1987, the applicant voluntarily requested separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 16-5b, based on his perception that he would be unable to overcome the locally-imposed bar to reenlistment.
7. The applicant's company commander recommended approval.
8. 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.
9. The applicant's DD Form 214 shows he was honorably discharged on 20 May 1987 under the provisions of Army Regulation 635-200, paragraph 16-5b, based on a locally-imposed bar to reenlistment. Item 26 (Separation Code) shows separation program designator (SPD) code "KGF" and item 27 (Reenlistment Code) shows "RE 4." He completed 1 year and 1 month of net active service during this period.
10. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA, USAR, and ARNG. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification.
11. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. It shows SPD code KGF as the appropriate code for Soldiers separated under the provisions of Army Regulation 635-200, paragraph 16-5b, based on a Department of the Army Headquarters or locally-imposed bar to reenlistment. The SPD/RE Code Cross Reference Table also shows RE code 4 as an appropriate RE code to assign to Soldiers with SPD code KGF.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code 4 should be corrected.
2. The applicant's request for separation under the provisions of Army Regulation 635-200, paragraph 16-5b, based on a locally-imposed bar to reenlistment was voluntary and administratively correct. All requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.
3. The evidence of record shows the RE code 4 establishing the applicant's ineligibility for enlistment/reenlistment was correctly entered on his separation document in accordance with governing regulations.
4. In view of the foregoing, there is no basis for granting the applicant's 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 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) AR20100028065
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ABCMR Record of Proceedings (cont) AR20100028065
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