IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20110022115
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 her reentry eligibility (RE) code be changed from RE-3 to RE-1.
2. The applicant states:
* no one is accepting another RE code
* she tried to get a waiver no one is processing any waivers
* she has tried to go on active duty for the last few years and each time she was told that her RE-3 could not "get her in"
* none of the other services are processing waivers
* she is basically stuck in her position and she is looking for a second chance to better her career in the military
* she needs the Boards approval for an upgrade of her RE code
* she is currently a member of the Army National Guard
3. The applicant provides no additional evidence.
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. On 17 June 2000, the applicant enlisted in the Regular Army for 4 years.
3. The applicant was counseled on at least 11 separate occasions for unsatisfactory performance, due to failure to meet minimum standards of 60 points in each event on the Army Physical Fitness Test.
4. On 18 May 2001, the applicant was notified that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. She acknowledged receipt of the notification on 21 May 2001.
5. The recommendation for discharge was approved on 13 June 2001. The applicant was honorably discharged on 27 June 2001 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. She completed 11 months and 11 days of net active service.
6. Item 26 (Separation Code) on her DD Form 214 shows she was assigned a separation program designator (SPD) code of "JHJ" (due to unsatisfactory performance) and item 27 (Reentry Code) shows she received an RE code of "3."
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 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 basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes. An RE-3 applies to persons who have a waivable disqualification.
8. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons.
9. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Regular Army Soldiers and Reserve Component Soldiers separated for cause. The SPD code of "JHJ" has a corresponding
RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There is no error or injustice in the RE code she received. Her records show that she was discharged from the Army for unsatisfactory performance. She was assigned an SPD code of "JHJ" which coincides with her reason for discharge. She was assigned an RE code "3" which coincides with her SPD code.
3. The applicable regulation shows the SPD code of "JHJ" is assigned when the reason for discharge is unsatisfactory performance. Although the applicant desires to reenter the military it is insufficient justification for granting the relief requested.
4. An RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of the disqualification. Therefore, if she desires to reenlist, she should continue to contact her local recruiter to determine her eligibility. Recruiting personnel can best advise a former service member as to the needs of the Army at the time and are required to process waivers of RE codes.
5. In view of the foregoing, her request should be denied.
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) AR20110022115
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110022115
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | DRB | CY2005 | 20050013485
The applicant states, in effect, she would like her RE code upgraded so that she may be eligible to reenlist. The evidence of record in this case confirms the applicant was appropriately assigned a SPD code of JHJ based on the authority and reason for her separation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she was assigned an RE-3 code upon her 17 January 1996 separation in lieu of the current RE-4 code;...
ARMY | BCMR | CY2001 | 2001064838C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He recommended the applicant receive a general discharge. 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 the reason for discharge.
ARMY | BCMR | CY2014 | 20140002291
The applicant requests, in effect, that the reentry eligibility (RE) code on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from a 3 to a 1. d. Army Regulation 635-200 further states, in pertinent part, that prior to discharge or release from active duty individuals will be assigned RE codes based on their service records or the reason for discharge. The evidence of record shows the applicant was separated under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2009 | 20090017618
Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The SPD code of "JHJ" is the correct code to be assigned to Soldiers separating under chapter 13 of Army Regulation 635-200. The applicant's general discharge is commensurate with her overall record of military service.
ARMY | BCMR | CY2012 | 20120013048
Army Regulation 635-5-1 (Separation Program Designator (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 JHJ is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 13, by reason of unsatisfactory performance. Army Regulation 635-200 further states that prior to discharge or...
ARMY | BCMR | CY2013 | 20130000387
The applicant states: * he was separated with an honorable discharge * he is trying to enlist in the MNARNG, but he was informed he would have to wait 2 years with separation code "JHJ" before he can enlist 3. Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. The separation code and RE code used in the applicant's case are correct and were applied in...
ARMY | BCMR | CY2013 | 20130001717
However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. The SPD code JHJ is to be used for RA Soldiers involuntarily discharged for unsatisfactory performance. The applicant's request to change his RE code from an RE code of 3 to 1 has been carefully considered.
ARMY | BCMR | CY2014 | 20140010474
Application for correction of military records (with supporting documents provided, if any). 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 JHJ is the appropriate code to assign to Soldiers separated under the provision of Army Regulation 635-200, chapter 13 due to unsatisfactory performance.
ARMY | BCMR | CY2011 | 20110004624
Application for correction of military records (with supporting documents provided, if any). At the time of the applicant's separation, the SPD code JHJ was the appropriate SPD code for Soldiers separated for unsatisfactory performance under the provisions of chapter 13 of Army Regulation 635-200. His RE code was assigned based on his discharge under the provisions of chapter 13 of Army Regulation 635-200 due to his unsatisfactory performance.
ARMY | BCMR | CY2010 | 20100000798
Evidence available to the Board indicates the applicant enlisted in the Regular Army on 22 May 1990. Service of individuals separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records. The fact that he was permitted to enlist in the California Army National Guard and has continued to serve satisfactorily is not evidence of any error or injustice in his 1992 separation action, nor does it serve as a...