IN THE CASE OF:
BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110001833
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 his reentry (RE) code be changed from 3 to 1.
2. The applicant states that he was issued an RE code of 3 when he was discharged on 16 November 2007 and he now he desires to enter the Coast Guard Reserve; however, they will not accept him with an RE code of 3.
3. The applicant provides copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty).
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 served in the US. Marine Corps as an infantryman from 26 October 1998 until he was honorably released from active duty on 25 October 2002 due to completion of required service. He completed 4 years of active service.
3. On 15 June 2006, he enlisted in the Regular Army (RA) in pay grade E-4 for a period of 4 years and training as a heavy construction equipment operator. He completed his training at Fort Leonard Wood, Missouri and was transferred to Hawaii for assignment to an engineer company on 5 September 2006.
4. On 16 November 2007, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 6-3A, due to hardship. He had served 1 year, 5 months, and 2 days of active service during this enlistment and was issued an RE code of 3 and a separation program designator (SPD) code of "KDB" (voluntary discharge due to hardship).
5. Pertinent Army Regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes, based on their service records or reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
6. RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office. Waivers are granted based on the needs of the service at the time of application. Inasmuch as needs change over time, individuals are encouraged to contact their nearest recruiting office periodically to determine the needs of the service at the time. The applicable regulations direct that an RE code of 3 be issued for a separation code of KDB, which indicates separation for hardship reasons.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant was separated under the provisions of Army Regulation 635-200, chapter 5 and properly issued an RE code of 3 based upon his reason for discharge in accordance with the applicable regulations.
3. The applicants contentions have been noted. However, there are procedures whereby the applicant can apply to a local recruiter for a waiver of his RE code if he is in fact physically qualified and the needs of the service at the time justify his return to service. However, it is understood that the Coast Guard may have different policies and procedures.
4. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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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ABCMR Record of Proceedings (cont) AR20110001833
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