IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110005323
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 an upgrade of his reentry eligibility (RE) code of 3 for the purpose of enabling him to reenter military service.
2. The applicant states, in effect, he is unable to enlist due to his current RE code of 3.
3. The applicant provides self-authored statements and a copy of his Army Discharge Review Board (ADRB) findings.
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 on 9 July 1997. He completed training and was awarded the military occupational specialty 71M (Chaplain Assistant).
3. The available records show the applicant's indiscipline includes the following:
* failure to repair on 2 July 2000
* failure to repair on 20 August 2000
* overindulgence of intoxicating liquors on 16 September 2000
4. On 21 September 2000, the applicant's commander notified him he was initiating actions to separate him from the Army with a general (under honorable conditions) discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b, for a pattern of misconduct.
5. On 13 October 2000, the applicant was advised of his rights and the impact of the discharge. He was advised by consulting legal counsel of the basis of the contemplated actions to separate him under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b, for a pattern of misconduct, and its effect of the rights available to him and the effect of any action taken by him in waving any of his rights.
6. On 13 October 2000, the separation authority approved the request and directed the applicant be discharged under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b, with issuance of a General (Under Honorable Conditions) Discharge Certificate.
7. On 30 October 2000, the applicant was discharged accordingly.
8. On 11 March 2005, the ADRB changed the applicant's characterization of service to "Honorable" and changed his reason and authority for discharge to "Secretarial Authority." However, the ADRB determined his RE code remained both proper and equitable
9. The applicant provided self-authored statements regarding his overindulgence of intoxicating liquors incident and a copy of his ADRB findings.
10. 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 United States Army Reserve. Chapter 3 of that
regulation prescribes the basic eligibility for prior service applicants for enlistment. This chapter includes a list of Armed Forces RE codes, including RA RE codes:
a. RE code 1 applies to persons who are considered fully qualified for reentry or continuous service at the time of separation.
b. RE code 3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his RE code should be upgraded was carefully considered.
2. The ADRB upgraded the characterization of his service to honorable, changed his narrative reason for separation to Secretarial Authority, and changed his Separation Program Designator (SPD) code to JFF. The ADRB did not change his RE code, and there is insufficient evidence that would warrant a change to his RE code now.
3. The RE code 3 is a code that can be waived contingent upon the needs of the Service.
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) AR20110005323
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ABCMR Record of Proceedings (cont) AR20110005323
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