IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20120021876
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 his reenlistment eligibility (RE) code and reason for separation be changed.
2. The applicant states:
* he needs his RE code changed in order to be admitted into Army Officer Candidate School (OCS)
* he received a collegiate scholarship for football at the Citadel and scholarship recipients were required to attend all practices and games
* he was discharged due to incompletion of training
3. The applicant provides a third-party statement.
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 South Carolina Army National Guard (SCARNG) on 2 April 1999.
3. On 19 July 2001, the State of South Carolina, Office of the Adjutant General, published Orders Number 200-812 directing the applicant's discharge from the ARNG and as a Reserve of the Army, effective 28 June 2001. These orders show he was assigned an RE code of 3 and his service was uncharacterized.
4. His complete separation proceedings are not available. However, his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged from the SCARNG on 28 June 2001. Item
23 (Authority and Reason) shows "National Guard Regulation (NGR) 600-200, Paragraph 8-26n, Failure to Report to IADT (initial active duty for training) Phases I and II." Item 26 (RE) shows an RE code of 3.
5. On 15 June 2012, the SCARNG denied his request for a change of his RE code. The SCARNG cited as the reason for the denial the fact that he was discharged for failure to report to Phases I and II of IADT.
6. He provides a third-party statement in which the author states the following:
* he was the head football coach at the Citadel during the period the applicant was a student-athlete on the football team
* he was aware the applicant was serving in the SCARNG at the time
* they had team competitions on weekends that occasionally were in conflict with their ARNG attendance
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the Regular Army and the U.S. Army Reserve. This regulation provides 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. Chapter 3 of this regulation prescribes basic eligibility for prior-service applicants for enlistment. This chapter includes a list of Armed Forces RE codes.
a. RE-3 applies to persons not qualified for continued Army service at the time of discharge, but the disqualification is waivable.
b. RE-1 applies to persons completing their term of service who are considered qualified to reenter the Army, so long as all other qualifications are met.
8. National Guard Regulation 600-200 (Enlisted Personnel Management) provides that when a Soldier is discharged due to failure to attend initial entry training Phase I or Phase II, an RE code of 3 will be assigned.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his RE code and reason for separation should be changed so that he may enter the military.
2. The evidence shows he was separated due to failure to attend Phases I and II of IADT. The governing regulation provides that Soldiers discharged for this reason will be assigned an RE code of 3.
3. His desire to enter the military was noted; however, there are no provisions in current regulations authorizing a change of RE codes for this reason. Therefore, without evidence showing that an error exists on his NGB Form 22 or that his discharge was in error or unjust, there is no basis to grant the relief requested.
4. The applicant is advised that although no change is being recommended regarding his RE code, this does not mean that he is permanently disqualified from entering military service. RE-3 applies to persons who are not considered fully qualified for reentry or continuous service; however, it does allow for a waiver of disqualification. Therefore, if he desires to reenter military service, he should periodically contact a local recruiter who can best advise him on of eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and are required to process RE code waivers.
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) AR20120021876
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ABCMR Record of Proceedings (cont) AR20120021876
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