IN THE CASE OF:
BOARD DATE: 11 April 2013
DOCKET NUMBER: AR20120016443
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 his reentry eligibility (RE) code.
2. The applicant states he was young, immature, impatient, and thought he needed support. He has since learned that being on his own is not impossible. He can face any challenge with an open mind and take the challenge through to the end.
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 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 Army National Guard and as a Reserve of the Army on 28 June 2007. He entered initial active duty for training on 9 July 2008.
3. The details of his separation are not contained in the available records. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was released from active duty and discharged as a Reserve of the Army on 6 November 2008 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for a condition, not a disability. He was assigned a separation code of LFV and a reentry code of 3.
4. Army Regulation 635-200 sets forth the basic authority and reasons for the separation of enlisted personnel. Paragraph 5-17 provides for the separation of Soldiers on the basis of physical or mental conditions not amounting to disability that potentially interfere with assignment to or performances of duty. Such conditions may include, but are not limited to, disorders manifesting disturbances of perception, thinking, emotional control, or behavior.
5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) lists the specific authorities and reasons for separating Soldiers from active duty and the corresponding SPD codes to be entered on the DD Form 214. It identifies SPD code LFV as the appropriate code to assign to enlisted Soldiers involuntarily released under the provisions of Army Regulation 635-200, paragraph 5-17, based on a condition, not a disability.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment, reenlistment, and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes and shows RE code 3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at the time of separation. They are ineligible for reenlistment unless a waiver is granted.
7. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. The SPD/RE Cross Reference Table in effect at the time of the applicant's separation established RE code 3 as the proper RE code to assign to Soldiers separated with SPD code LFV.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he was separated by reason of a physical condition, not a disability, under the provisions of Army Regulation 635-200, paragraph 5-17.
2. Based on the authority and reason for the applicant's separation, he was appropriately assigned RE code 3.
3. He provided no evidence to substantiate his implied argument that he has matured to the point where the RE code was inequitable. On the other hand, the applicant can seek a waiver if he wishes to reenter military service.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120016443
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ABCMR Record of Proceedings (cont) AR20120016443
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