IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110013504 


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, correction of his reenlistment eligibility (RE) code to permit him to reenter the military.

2.  The applicant states he was honorably discharged in 1992 under the Early Transition Program, but he was given an RE code under the Qualitative Management Program (QMP).

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 2166-6 (Enlisted Evaluation Report)
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report)
* Active Duty Enlisted Personnel Army Reserve Officers' Training Corps Scholarship Application
* newspaper article
* award certificates, letters of appreciation, training certificates
* college transcripts
* correctional officer certificate

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 applicant served on active duty in the Regular Army from 30 November 1982 through 27 August 1992.  He achieved the rank of staff sergeant (SSG)/
E-6 on 21 December 1987 but he was reduced to specialist (SPC)/E-4 on
8 May 1991 as the result of a special court-martial conviction for adultery and bigamy.

3.  The applicant was honorably discharged on 27 August 1992 under the provisions of Army Regulation 635-200, paragraph 16-8, the qualitative retention program.  Item 27 (Reentry Code) of his DD Form 214 shows he was assigned an RE code of 3C.

4.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-8 deals with early separation due to reduction in force, strength limitations, or budgetary constraints.  It states Soldiers may be separated prior to expiration of their term of service or period for which ordered to active duty when authorization limitations, strength restrictions, or budgetary constraints require the size of the enlisted force to be reduced, then the Secretary of the Army, or his designee, will authorize voluntary or involuntary early separation under the authority of Title 10, U.S. Code, section 1169 or section 1171.  The Commander, U.S. Army Personnel Command will implement this program by issuing separation instructions pertaining to a specific class or category of Soldiers.  Early separation under this paragraph is for the convenience of the Government.

5.  Army Regulation 635-200 also states, in pertinent part, that prior to discharge or release from active duty Soldiers will be assigned RE codes based on their service records or the reason for discharge.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the USAR.  Table 3-6 included a list of the RA and RE codes.

	a.  An 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.  An RE-2B applies to Soldiers who were fully qualified when last separated.  However, reenlistment was not authorized at the time of separation under the enlisted year-group management plan.  For Soldiers separated on or after 1 October 1988 this code reflects that separation was the result of an early release program and the Soldier was fully qualified to reenlist.

	c.  An RE-3C applies to Soldiers who have completed over 4 months of service who do not meet the basic eligibility, pay-grade requirements or who have been denied reenlistment under the Qualitative Retention Process.

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  At the time of the applicant's separation, the SPD code of "JCC" was used to indicate a reduction in authorized strength under chapter 16, Army Regulation 635-200.

7.  The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component 
Soldiers.  The cross reference table shows the SPD code and corresponding RE code.  At the time of the applicant's separation, the SPD code of "JCC" had a corresponding RE code of "2B."

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his RE code changed.

2.  The applicant's RE code of 3C is incorrect based on his designated SPD code of "JCC."  The correct RE code is 2B.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 27 of his DD Form 214 and adding the entry 2B.




      _______ _   _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)                                         AR20110013504



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ABCMR Record of Proceedings (cont)                                         AR20110013504



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