IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120020868
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 of "3" be changed to an RE code of "1."
2. The applicant states:
a. an Air Force recruiter told him the Air Force is not giving out any waivers; and
b. he is having a hard time finding employment and an Air Force recruiter told him that he would be accepted into the Air Force if he could get his RE code changed because he is prior service.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 exc use 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 23 May 2007, after having prior service, the applicant enlisted in the Regular Army (RA) in the rank of specialist, pay grade E-4. He was trained in and awarded military occupational specialty 36B (Financial Management). His record does not show he was further promoted.
3. On 6 September 2010, he was honorably discharged from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) includes entries which show:
a. he completed a total of 7 years, 4 months, and 21 days of creditable active duty service;
b. he was discharged under the provisions of chapter 4, Army Regulation 635-200, by reason of completion of required active service; and
b. he was assigned a separation program designator (SPD) code of "JBK" and an RE code of "3."
4. 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 U.S Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of Armed Forces RE codes, including RA RE codes. An RE code of "3" applies to persons who have a waivable disqualification. Chapter 4 states recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria and are responsible for processing waivers.
5. 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 provides for assigning the SPD code of "JBK" to RA Soldiers separated under the provisions of chapter 4, Army Regulation 635-200 by reason completion of required active service who are ineligible for, barred from, or otherwise denied reenlistment. The Department of the Army SPD/RE Code Cross Reference Table stipulates that an RE code of "3" is the proper code to assign members who are separated under the provisions of chapter 4, Army Regulation 635-200 and assigned an SPD code of "JBK."
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change his assigned RE code of "3" to a "1" has been carefully considered. However, there is insufficient evidence to support this claim.
2. The Department of the Army SPD/RE Code Cross Reference Table stipulates, RE code of "3" is the proper code to assign members who are separated under the provisions of chapter 4, Army Regulation 635-200 and assigned an SPD code of "JBK." It appears he may have reached his retention control point or for some other reason was not fully qualified for reenlistment. Absent any evidence of an error or injustice this document carries with it a presumption of government regularity in the separation process. Accordingly, there is no basis upon which to support the requested relief in this case.
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) AR20120020868
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