IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20110024520
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 his reentry (RE) code be changed from an RE code of "3" to "1."
2. The applicant states he wants to enlist in the U.S. Marine Corps and the RE code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) must be a "1."
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 13 January 2004, the applicant enlisted in the Regular Army (RA).
3. He completed training and was awarded military occupational specialty 31B (Military Police). The highest rank/grade he attained while on active duty was specialist/E-4.
4. The applicant's medical records and discharge packet are unavailable for review.
5. Orders Number 030-0005, Headquarters, 3d Infantry Division and Fort Stewart, GA, dated 30 January 2007, show the applicant was discharged with a 10 percent disability rating and authorized disability severance pay.
6. The applicant's DD Form 214 shows:
a. He was honorably discharged on 2 March 2007 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3) by reason of disability with severance pay. He completed 3 years, 1 month, and 20 days of active military service.
b. He was assigned a separation code of "JFL" and an RE code of "3."
c. He received disability severance pay in the amount of $11,298.60.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the United States Army Reserve. Chapter 3 of that
regulation prescribes the basic eligibility for prior service applicants for enlistment. This chapter includes a list of Armed Forces RE codes, including RA RE codes:
a. An RE code of "1" applies to persons who are considered fully qualified for reentry or continuous service at the time of separation.
b. An RE code of "3" applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable.
8. The Separation Program Designator (SPD)/RE Code Cross-Reference Table provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers. This cross-reference table shows the SPD codes and corresponding RE codes. The table in effect at the time shows the SPD code of "JFL" has a corresponding RE code of "3."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for a change of his RE code was carefully considered.
2. The evidence of record does not show, nor has the applicant provided evidence showing, that his discharge with severance pay was improper.
3. The Separation Program Designator (SPD)/RE Code Cross-Reference Table in effect at the time shows the SPD code of "JFL" has a corresponding RE code of "3."
4. Individuals with an RE code of "3" are not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. The U.S. Marine Corps may have different qualification/disqualification criteria.
5. In the absence of evidence showing an error or injustice in the applicant's medical discharge processing, there is no basis for granting the relief he requests.
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) AR20110024520
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ABCMR Record of Proceedings (cont) AR20110024520
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