IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110012539
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 Reenlistment Eligibility (RE) code be changed from a 3 to a 1.
2. The applicant states that although he had a bar to reenlistment in effect at the time of his separation, his evaluations show he overcame the reasons for the bar. He has recently attempted to reenlist; however, the RE code is proving to be a hindrance.
3. The applicant provides copies of his 14 September 1998 DD Form 214 and six DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)).
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 on active duty in the Regular Army from 27 February 1990 through 14 September 1998, a period of 8 years, 6 months, and 14 days.
3. On 23 May 1997, the Commander, Army Recruiting Command, Fort Knox Kentucky issued a formal reprimand for the applicant's display of "a negative attitude and poor work ethic, which has manifested itself in incidents of refusing to perform assigned recruiting duties, threatening to go AWOL, failing to follow orders, and showing disrespect toward superior noncommissioned officers."
4. The applicant acknowledged the reprimand and elected not to make a statement.
5. The applicant's record includes six NCOER's. Except for the April 1997 Relief for Cause NCOER, he was rated in the excellent or upper successful block with a overall ratings of among the best for all but one rating period. The applicant was relieved from recruiting duty and given a Relief for Cause NCOER. The applicant's subsequent and final NCOER again rated him as among the best with the senior rater marking him in the first block for overall performance and potential.
6. The documentation for a bar to reenlistment is not included in the applicant's integrated Personnel Electronic Record Management System (iPERMS) file.
7. The applicant was honorably discharged under Army Regulation 635-200, Chapter 4 with a separation program designator (SPD) of JBK (expiration of term of obligated service (ETS)) and an RE code of 3.
8. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code of JBK is the appropriate code to assign to Soldiers separated at ETS. It also notes that an RE Code of 1 is normally appropriate. However, Soldiers separated with a bar to reenlistment will be given an RE 3.
9. Army Regulation 601-280 (Army Retention Program) states that the RE codes contained on military discharge documents determine whether or not one may reenlist in a military service at a later time. In general, those who receive an Army RE code of 1 may reenlist in the Army or another service with no problem. Individuals with an Army RE code of 2 may usually reenlist in the Army or another service with various restrictions, or if the circumstances which resulted in the code no longer apply. Individuals with an RE code of 3 can normally reenlist but will probably require a waiver to be processed.
DISCUSSION AND CONCLUSIONS:
1. Correction of appropriate military records to show an RE code of 1, in effect, constitutes a request for removal or waiver of those disqualifications which preclude reenlistment.
2. The record does not contain and the applicant has not provided any evidence that the RE code 3 was or is improper or that it may be the reason for hindering his reenlistment. Re code 3 requires a waiver and the applicant should see a recruiter if he desires to enlist. The recruiter is authorized to process the waiver based upon the needs of the Army at the time of processing.
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) AR20110012539
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ABCMR Record of Proceedings (cont) AR20110012539
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