IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110008529
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 correction of the Reentry (RE) Code on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1969 through 28 February 1972.
2. The applicant states:
* he went AWOL (absent without leave) from 5-7 January 1970
* he was scheduled to attend a class that would result in promotion to E-5
* he wanted to earn his promotions through experience
* he didn't want to lead men in combat without first gaining experience
* he didn't get the chance to lead in combat as he was sent to Thailand
3. The applicant continues:
* he joined the U.S. Army Reserve
* he didn't get to participate in Operation Desert Storm
* he concludes his RE Code of "3B" prevented him from serving in combat
4. The applicant provides:
* his DD Form 214
* his Chronological Statement of Retirement Points
* his U.S. Army Human Resources Command retirement orders
* his U.S. Army, 90th Regional Support Command retirement orders
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 served in the Regular Army from 2 August 1969 through 28 February 1972. His DD Form 214 shows:
* in item 11a (Type of Transfer or Discharge), "Transfer to USAR"
* in item 11c (Reason and Authority), "Para[graph] 5-3, AR [Army Regulation] 635-200 SPN [Separation Program Number] 21L DAMSG [Department of the Army Message] 102235Z Dec 71"
* in item 15 (RE Code), "RE-3B"
* in item 30 (Remarks), "3 days lost under 10 USC 972 [Title 10, U.S. Code, Section 972]
3. The applicant went on to serve in the USAR and was honorably separated from the USAR on 27 September 1996 and transferred to the Retired Reserve on 28 September 1996. He was placed on the Army of the United States Retired List as a staff sergeant effective 28 April 2010.
4. Army Regulation 601-210 (Regular Army Enlistment Program) prescribes eligibility criteria governing enlistment and reenlistment. Table 4-6 of the regulation in effect listed RE Codes and provided that individuals who had lost time during their period of service would be given an RE Code of 3B and could not reenlist without a waiver.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 correctly reflects an RE-3B code because he had 3 days of lost time during the period covered by the DD Form 214.
2. The applicant's RE Code could not have had anything to do with his assignment to Thailand vice Vietnam because that code was not given until he was separated at the end of his active service.
3. The applicant's RE-3B code was not an impediment to his future service as he was allowed to serve in the USAR to retirement. His RE Code also would have had no effect on his assignments as a USAR Soldier.
4. There is no error or injustice in this case. The applicant went AWOL and that necessitated an RE-3B code on his DD Form 214. A change in RE Code is not warranted.
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) AR20110008529
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ABCMR Record of Proceedings (cont) AR20110008529
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