IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028475
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 item 27 (Reenlistment Code (RE)) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to RE-1.
2. The applicant states he completed his required period of active service.
3. The applicant provides a copy of his DD Form 214.
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 (RA) on 2 April 1974, in the pay grade of E-1. He completed training as a supply clerk. He was advanced to pay grades E-2 on 2 August 1974, E-3 on 15 April 1975, and E-4 on 18 November 1975. After completing 2 years, 9 months, and 23 days of net active service this period, he was honorably discharged on 24 January 1977, for the purpose of immediate reenlistment.
3. The applicant reenlisted in the Army for 3 years on 25 January 1977, in the pay grade of E-4.
4. Nonjudicial punishment was imposed against the applicant on 2 April 1979, for possession of one ounce, more or less, of marijuana. His punishment included a reduction to pay grade E-3.
5. The applicant was honorably discharged on 24 January 1980, under the provisions of Army Regulation 635-200, chapter 2, at the completion of his required service. He had completed a total of 5 years, 9 months, and 23 days of creditable active service. Item 27 on his DD Form 214 shows RE-3 and RE-3C codes.
6. On 22 August 1980, the applicant was issued a DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty) amending item 27 on his DD Form 214, dated 24 January 1980, to show an RE-3C code.
7. Army Regulation 635-200 (Personnel Separations) provides the basic authority for the separation of enlisted personnel. Chapter 2 of the regulation in effect at the time set forth the policy for the separation of enlisted personnel at the expiration of their enlistment or fulfillment of service obligation.
8. Army Regulation 601-280 (Army Reenlistment Program), chapter 2,
paragraph 2-24, states that a Soldier must not exceed the retention eligibility point by more than 29 days before expiration of contracted service (i.e., reenlistment or extension). The regulation in effect at the time of the applicant's discharge shows that the retention eligibility point for a Soldier serving in the pay grade of E-3 was 5 years. An RE-3C code pertains to Soldiers not eligible for immediate reenlistment unless waiver consideration is permissible and is granted. This code is applicable to those who do not meet grade requirements in basic eligibility criteria, or has been denied reenlistment under the Qualitative Screening Process under the provisions of Army Regulation 600-200 (Enlisted Personnel Management System), chapter 4.
9. Pertinent Army regulations provide that prior to discharge or release from active duty, Soldiers will be assigned reentry codes, based on their service records or the reason for discharge. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces reentry codes, including RA RE Codes.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. An RE-3C code pertains to Soldiers not eligible for immediate reenlistment unless waiver consideration is permissible and is granted. This code is applicable to those who do not meet grade requirements in basic eligibility criteria.
3. The applicant completed 5 years, 9 months, and 23 days of total active service. Although he completed his required service, he had gone beyond his retention control point and was ineligible for reenlistment without an approved waiver. An RE-3C code is properly shown in item 27 on his DD Form 214.
4. In view of the foregoing, the applicant's request should be denied.
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.
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