IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110001173 


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

2.  He states, in effect, his DD Form 215 (Correction to DD Form 214) shows honorable service from 25 February 1992 to 24 April 1997 and an immediate reenlistment [during this period] 25 April 1997 to 1 June 1998.  He states individuals at the Army Personnel Command (PERSCOM) told him the changes documented on the DD Form 215 were sufficient for him to reenter the Armed Forces.

3.  He provides a Reenlistment Eligibility Data Display (REDD) Report and a DD Form 215.

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 Regular Army on 25 February 1992.  

3.  On 27 April 1998, the commander notified the applicant that action to separate him under the provisions of paragraph 14-12c, Army Regulation 635-200 for commission of a serious offense (having a sexual relationship with a subordinate) was contemplated.  On 21 May 1998, the appropriate authority approved the recommendation to separate the applicant for misconduct.

4.  On 1 June 1998, he received a general discharge under honorable conditions.  He completed 6 years, 3 months, and 7 days of active military service.

5.  His DD Form 214 shows in:

* item 25 (Separation Authority) - Army Regulation 635-200, paragraph 
14-12c
* item 26 (Separation Code) - JKQ
* item 27 (RE Code) - 3
* item 28 (Narrative Reason for Separation) - Misconduct

6.  He provides a DD Form 215, issued by PERSCOM on 7 March 2001, showing his DD Form 214 was corrected by adding the statements "Continuous active honorable service from 920225-970424" and "Immediate reenlistment(s) this period 970425-980601."

7.  He provides a REDD Report showing an inter-service reenlistment eligibility (IRE) code of "1," a reenlistment eligibility code of "1," the separation program designator (SPD) code of "MCC," and that he was separated on 1 June 1998.  

8.  U.S. Military Entrance Processing Command Regulation 601-23 (Personnel Procurement - Enlistment Processing) states the REDD is an automated printout received from the Defense Management Data Center that duplicates the entries on the DD Forms 214/215.

9.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The version of the regulation in effect at the time listed every SPD code applicable to enlisted personnel in an appended table.  The table shows:

   a.  That Soldiers involuntarily released from active duty for misconduct under the authority of Army Regulation 635-200, paragraph 14-12c were to be assigned SPD code "JKQ."  
   
   b.  The SPD code of "MCC" was applicable to individuals released from active duty by reason of reduction in force under the authority of Army Regulation 635-200, paragraph 16-8.

10.  The SPD/Reentry (RE) Code Cross-Reference Table provides instructions for determining the RE code for active Army Soldiers and Reserve Component Soldiers.  This cross-reference table shows the SPD codes and corresponding RE codes.  The table, dated 1 October 1993, in effect at the time, shows the SPD code of "JKQ" has a corresponding RE code of "3."

11.  Army Regulation 602-210 (Personnel Procurement - Active and Reserve Components Enlistment Program) states individuals with an RE code of "3" are  not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his RE code on his DD Form 214 should be changed based on the information that is documented on his DD Form 215 was carefully considered but it is not supported by the evidence.

2.  The RE code on the applicant's DD Form 214 was assigned based on the fact that he was discharged for misconduct.  The RE code associated with this type of discharge is an RE code of 3.  The RE code on the applicant's DD Form 214 is correct.  

3.  The DD Form 215 issued to the applicant corrected his DD Form 214 to show his creditable period of continuous honorable active service and his reenlistment.  The form did not change the type of discharge he received.  

4.  It appears the REDD Report provided by the applicant contains erroneous entries.  The data in the report is to be taken from the DD Form 214 and DD Form 215, but it appears that did not happen in this case for an unknown reason.  This being the case, the report is not evidence of error on a DD Form 214 or DD Form 215.  

5.  The applicant may be eligible for reentry into military with a waiver.  He is advised that if he desires to reenter the military, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  Those individuals can best advise a former service member as to the needs of the military at the time and they are responsible for processing RE code waivers.

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)                                         AR20110001173



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ABCMR Record of Proceedings (cont)                                         AR20110001173



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