BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110008424
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 a 3 to a 1.
2. The applicant states he was flagged for failing an Army Physical Fitness Test (APFT) in 2009; however, he retook the test in Iraq in 2010 and passed it before returning to the United States for separation processing. His unit had not updated his records and he was told there was nothing that could be done at the time.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 14 June 2006 for a period of 4 years. He completed his training and was transferred to Fort Stewart, Georgia for his first duty assignment as a cannon crewmember. He deployed to Iraq from 11 May 2007 to 8 July 2008 and he was advanced to the pay grade of E-4 on 1 June 2008.
2. He also deployed to Iraq from 27 October 2009 to 23 June 2010 and on 1 October 2010 he was honorably released from active duty (REFRAD) at Fort Stewart due to completion of required service. He had completed 4 years,
4 months, and 21 days of active service and he was assigned a separation code of LBK and an RE Code of 3.
3. The applicants Enlisted Record Brief reflects that he failed his APFT in March 2010.
4. 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.
5. 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 LBK, which indicates separation under chapter 4 of Army Regulation 635-200.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted; however, they appear to lack merit. The applicant has failed to show through the evidence that he was not under a suspension of favorable personnel actions (flagged) or that he did in fact pass his APFT prior to his separation.
2. The applicant was separated under the provisions of Army Regulation
635-200, chapter 4 and properly assigned an RE code of 3 based on his narrative reason for separation in accordance with the applicable regulations.
3. The applicants contentions have been noted. However, there are procedures whereby the applicant can apply for a waiver of his RE code if he is in fact physically qualified and the needs of the service justify his return. However, it is understood that waivers are granted based on the needs of the service at the time and those needs vary with time. Therefore, he should contact his local recruiter.
4. Accordingly, in the absence of evidence to show any error or injustice, there appears to be no basis to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. 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 the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
__________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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