IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110002798
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 code 3 be changed.
2. The applicant states he did his time in full with an honorable discharge and reenlisted in the Army National Guard for 6 years.
3. The applicant provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 July 2000
* the data portion of his Enlisted Record Brief (ERB), dated 14 April 2000
* 26 pages from his official military personnel file (OMPF)
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. He enlisted in the Regular Army (RA) on 11 July 1997 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 92G (Food Service Specialist).
3. His ERB shows he was promoted to:
* private first class (PFC)/pay grade E-3 on 11 July 1998
* specialist/pay grade E-4 on 1 September 1999
4. On 10 July 2000, he was released from active duty. He completed 3 years of active service that was characterized as honorable. His DD Form 214 shows that on the day of his separation he was a PFC with a date of rank of
15 February 2000.
5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment and includes a list of armed forces RE codes including RA RE codes. An RE code of 3 applies to a person who is not considered fully qualified for reentry or continuous service a the time of separation, but disqualification is waivable.
6. Army Regulation 601-280 (Total Army Retention Program), in effect at the time, prescribed the criteria for the Total Army Retention Program. For those Soldiers serving in the Active Army, it outlined procedures for immediate reenlistment or extension of enlistment.
a. Table 3-1 (Retention control points) show the retention control point (RCP) for a PFC was 3 years.
b. A Soldier may not exceed the RCP by more than 29 days before the expiration of contracted service.
c. Soldiers in the rank of PFC on their initial enlistment of 3 or less years, if otherwise qualified, to include those with approved waivers, and reenlist prior to 26 months total active service are eligible to reenlist for a period not to exceed
6 years and 29 days.
DISCUSSION AND CONCLUSIONS:
1. It appears that he was reduced from specialist to PFC effective 15 February 2000. The circumstances surrounding this reduction are not available for review.
2. At the time of his separation he had reached the RCP of 3 years for a PFC. Therefore, he was not eligible for immediate reenlistment without a waiver. Therefore, the assignment of an RE code of 3 is correct.
3. There is insufficient substantive evidence to justify a change of his RE code.
4. The applicant is advised that if he desires to reenter military service, 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 service at the time and 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) AR20110002798
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