IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015265
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 eligibility (RE) code shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from
RE-3 to RE-1.
2. The applicant states the record is in error because he received an honorable discharge.
3. The applicant provides his DD Form 214.
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 enlisted in the Regular Army on 4 February 1999 for a period of 3 years. He held military occupational specialty 63J (Quartermaster and Chemical Equipment Repairer). The highest grade he attained while serving on active duty was private first class/E-3.
3. His records show his last duty station was at Schofield Barracks, Hawaii, where he served from 30 September 1999 until 3 February 2002.
4. On 5 August 2001, he was stopped by a military police officer (MP). The MP noted he had an odor of intoxicating liquor emanating from his person. After failing a field sobriety test, a breathalyzer test was administered. The results of the test showed his breath alcohol concentration as .095 percent.
5. On 10 September 2001, the Commanding General (CG) of Schofield Barracks issued him a general officer memorandum of reprimand (GOMOR) for driving while under the influence of alcohol. The reprimand was issued as an administrative measure and not as punishment under Article 15 of the Uniform Code of Military Justice. The CG directed the GOMOR and allied document to be filed in his official military personnel file.
6. His enlisted record brief shows he was reduced in grade from E-3 to E-2 on 9 November 2001.
7. On 3 February 2002, the applicant was honorably released from active duty in the rank/grade of private/E-2 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for the duration of his statutory service obligation. He was assigned a separation program designator (SPD) code of MBK and an RE-3. The narrative reason for separation shown on his DD Form 214 is "completion of required active service."
8. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Chapter 3 prescribes the basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation.
9. 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 notes that SPD code MBK is the appropriate code when the reason for discharge is "completion of required active service." Additionally, the SPD/RE Code Cross Reference Table establishes RE codes to be assigned for each SPD. This table states that when the SPD is MBK, the RE code will be either RE-1 or RE-3. The table states that RE-3 will be used when the Soldier's record indicates for the current enlistment period that Soldier is ineligible for or otherwise denied immediate reenlistment without a waiver.
10. Army Regulation 601-280 (Army Retention Program) states a Soldier may not exceed the retention control point which is 3 years for Soldiers in the grades of E-1 through E-3. Exceptions for reenlistment or extension exist; however; Soldiers who are reduced in rank are not authorized the exceptions for reenlistment or extension.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was in his initial 3-year enlistment and was serving in pay grade E-2. He was not eligible to reenlist because he had reached his retention control point and had been previously reduced in rank. As such, he was appropriately assigned an RE code 3.
2. It should be noted that an RE code 3 does not necessarily reflect that an individual was discharged as a result of misconduct or based on a medical reason. Rather, as in the applicant's case, it is merely an indication that he was not fully eligible for immediate reenlistment at the time of his separation from active duty.
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) AR20110015265
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ABCMR Record of Proceedings (cont) AR20110015265
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