IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110007888
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 eligibility (RE) code be changed so he will be allowed to enlist in the Pennsylvania National Guard.
2. The applicant states his punishment was over-exaggerated. In the years after the Army he has passed numerous background checks from military and government agencies for civilian jobs. He has held a Department of Defense active security clearance and has continued using his military leadership skills to successfully manage projects to completion for many high profile and security conscious companies in the telecommunications field. He has been trying to reenlist since 2000 and will not give up.
3. The applicant did not provide any additional evidence.
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 available records show he enlisted in the Regular Army on 3 October 1996. He completed training and was awarded military occupational specialty 19K (Armor Crewman), and was assigned to Battery C, 3d Battalion, 8th Cavalry, Fort Hood, TX. He was advanced to pay grade E-4.
3. On 27 September 1999, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9, alcohol rehabilitation failure. Accordingly, he was given a separation program designator (SPD) code of JPD and an RE code of 4. His character of service was honorable.
4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. RE code 4 applies to persons separated from their last period of service with a non-waivable disqualification. This regulation further provides that RE codes may only be changed if they are determined to be administratively incorrect.
5. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code of JPD was the appropriate code based on the guidance provided in this regulation for Soldiers separating under the provisions of Army Regulation 635-200, chapter 9, alcohol rehabilitation failure. Additionally, the SPD/RE Code Cross Reference Table establishes RE code 4 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his RE code 4 be changed so he may be allowed to enlist in the Pennsylvania National Guard.
2. The RE code 4 establishing his ineligibility for enlistment/reenlistment was correctly entered on his separation document in accordance with governing regulations.
3. There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code 4. While the applicant's desire to serve his country is commendable, there are no provisions authorizing the change of an RE code for this purpose.
4. 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 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) AR20100010153
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ABCMR Record of Proceedings (cont) AR20110007888
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