BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110005900
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, in effect, change of her reentry eligibility (RE) code from a 3 to a 1.
2. The applicant states she completed her initial enlistment and she reenlisted twice before being honorably discharged. She states she did not realize that her RE code would preclude her from further service and she desires her RE code be changed so as to allow for future service in the Army.
3. The applicant provides a copy of her DD Form 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 enlisted in the Regular Army on 16 July 1987 for a period of 4 years, training as a programmer analyst, and assignment to Europe. She completed her basic training at Fort Dix, NJ and her advanced individual training at Fort Benjamin Harrison, IN before being transferred to Germany. She was advanced to the rank/grade of specialist (SPC)/E-4 on 1 December 1988.
3. On 25 June 1991, while stationed at Fort Belvoir, VA, she reenlisted for a period of 2 years. On 2 July 1992, a local bar to reenlistment was imposed against the applicant for refusing to attend the Primary Leadership Development Course (PLDC). The bar to reenlistment was removed on 30 December 1992 after the applicant agreed to attend PLDC.
4. On 22 January 1993, she reenlisted for a period of 2 years. She completed PLDC on 14 April 1993.
5. The applicant received assignment instructions for a 12-month overseas tour and was informed that she was required to extend her enlistment in order to have sufficient service to comply with the assignment instructions. On 21 March 1994 she was counseled by the Post Retention Noncommissioned Officer and signed a DA Form 4991 (Declination of Continued Service Statement) indicating that she refused to take action to acquire sufficient service to comply with the operational commitment. This was essentially a self-imposed bar to reenlistment.
6. On 21 January 1995, she was honorably discharged due to completion of required active service. She had served 7 years, 6 months, and 6 days of creditable active service and she was not in a promotable status. The retention control point (RCP) for her pay grade was 8 years.
7. Army Regulation 601-210 provides the guidance for the issuance of
RE codes upon separation from active duty. It states that these codes are not to be considered derogatory in nature; they are simply codes that are used for identification of an enlistment processing procedure.
a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met.
b. RE-3 applies to Soldiers who are not considered fully qualified for reentry for continuous service at time of separation, but the disqualification is waivable. Service in excess of the RCP and/or a local bar to reenlistment are instances in which a person would be issued a code of RE-3 at the time of separation.
8. Army Regulation 601-280 serves as the authority for reenlistments and establishes the RCP. It provides that Soldiers in the pay grade of E-4 who are not in a promotable status are only authorized to serve up to 8 years of active service and Soldiers who have more than 6 years of active service at the end of their enlistment are not authorized to reenlist.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that she was improperly issued the RE Code of 3 has been noted and found to lack merit. The evidence of record clearly shows that such was not the case. She had over 7 years of service and she was serving in the pay grade of E-4. She was not in a promotable status and she had signed a DA Form 4991, which is a self-imposed bar to reenlistment. Accordingly, she was not eligible for reenlistment on two accounts.
2. While the applicant is not precluded from applying for a waiver at her nearest recruiting office, her DD Form 214 issued at the time of her discharge correctly reflects the RE code that was applicable to her discharge at the time.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110005900
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005900
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001056479C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. She provides her Certificate of Release or Discharge from Active Duty, DD Form 214; her Request for Reenlistment or Extension in the Regular Army, DA Form 3340-R, dated 3 March 1997; her Enlistment/Reenlistment Document Armed Forces of the United States, DD Forms4/1 and 4/2 dated 2 October 1997; her Statements for Enlistment, DA Form 3286, undated; and her Declination of...
ARMY | BCMR | CY2009 | 20090021424
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 the reason for discharge. It provides that a DCSS is an official notification from a Soldier, other than one in his or her initial term, having 4 or more years of service for pay purposes at ETS who refuses to take action (reenlist/extend) to meet the service remaining requirements (SRR) for an assignment, school, or promotion. The...
ARMY | BCMR | CY2013 | 20130010360
Between January and March 2011, there was a Military Personnel (MILPER) Message, Subject: Change to Retention Control Point (RCP) for Enlisted Soldiers Serving in the Regular Army (RA) or Under Active Guard Reserve (AGR) Title 10 Programs, briefed to all career counselors that all RCP dates were going to be effective 1 June 2011 (his ETS date was 19 June 2011). ; (3) first his unit received orders which showed he was "Authorized full separation pay" and after that the DCSS issue came up;...
ARMY | BCMR | CY2004 | 2004107141C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant was assigned a separation code of JBK and an RE code of RE-3A at the time of separation because she was not eligible to reenlist without a waiver due to the Declination of Continued Service Statement that she signed. A code of RE-1A is not appropriate in the applicant's case, because she was not separated for reenlistment.
ARMY | BCMR | CY2011 | 20110006062
He states, in effect, that he signed a DA Form 4991-R (Declination of Continued Service Statement) which stipulated that following separation he would be prohibited to apply for reentry into the Active Army for a period of at least 93 days if separated at his normal expiration term of service (ETS) date, and at least 2 years if voluntarily separated before ETS under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 16. His DD Form 214 shows: * his service was...
ARMY | BCMR | CY2007 | AR20070004655C071029
Donald L. Lewy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 601-280, in effect at the time, provides the criteria for reenlistment eligibility and establishes the maximum number of years persons may serve on active duty in a particular grade. 4 |100.0300/CHANGE REENLISTMENT CODE | |3.
ARMY | BCMR | CY2009 | 20090011499
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests removal of the DA Form 4991-R (Declination of Continued Service Statement (DCSS)), dated 1 June 2008, and any supporting documents, from his official military personnel file (OMPF). Furthermore, Table 2-1 (Composition of the OMPF) of this regulation shows that the DA Form 4991-R and the approved withdrawal of the DA Form 4991-R are filed in the GA sub-section of the service section of the OMPF.
ARMY | BCMR | CY2012 | 20120011597
He states he signed a DA Form 4991-R (Declination of Continued Service Statement (DCCS)) before his expiration term of service (ETS) due to the Army ordering his permanent change of station (PCS) to Hawaii with insufficient time left on his enlistment contract. It states Soldiers, other than those in their initial term, having 4 or more years of service for pay purposes at ETS must take action to meet service remaining requirements (SRR), such as the service obligation incurred by making a...
ARMY | BCMR | CY2003 | 2003088835C070403
Prior to the period of service under review, the applicant served honorably in the Regular Army (RA) from 25 June 1991-18 June 1998 when he was separated for immediate reenlistment. An RE code of RE-4 and a separation code of "KGH" apply to those individuals discharged under the provisions of chapter 16-5b, AR 635-200, as a result of a bar to reenlistment. Based upon the stated separation authority and narrative reason for separation, the applicant's separation code and RE code are correct.
ARMY | BCMR | CY2002 | 2002080962C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that she was unjustly denied enlistment in the pay grade of E-5 because of an erroneously initiated Declination of Continued Service Statement (DA Form 4991-R). While the applicant may now believe that she made a mistake by not completing her foreign service tour and having a DCSS initiated against her, the fact remains that she did not...