IN THE CASE OF:
BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20130000658
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 reentry eligibility (RE) code be changed.
2. The applicant states he is requesting a change of his RE code so that he may be allowed to serve in the Armed Forces again.
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 Regular Army (RA) on 23 June 1976.
3. His DA Form 2-1 (Personnel Qualification Record) shows he was promoted to the rank/pay grade of staff sergeant/E-6 on 10 March 1984 and that he was reduced to the rank of sergeant/E-5 on 26 September 1990.
4. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows, on 6 March 1992, he was honorably discharged under the provisions of paragraph 16-8, Army Regulation 635-200, Qualitative Management Program (QMP). He was assigned an RE code of "4."
5. Army Regulation 600-200 (Personnel Separations) sets forth policy and prescribes procedures for denying reenlistment under the QMP. This program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to enhance the quality of the career enlisted force, selectively retain the best qualified Soldiers to 30 years of active duty, deny reenlistment to non-progressive and nonproductive Soldiers, and encourage Soldiers to maintain their eligibility for further service.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria for enlistment and processing into the RA 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, including RA RE codes.
a. RE-4 applies to Soldiers separated from last period of service with a nonwaivable disqualification.
b. RE-3 applies to persons not qualified for continued Army service at the time of discharge, but the disqualification is waivable.
c. 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.
7. The Separation Program Designator/RE Code Cross Reference Table, dated 2 October 1989, provides instructions for determining the RE codes for Active Army Soldiers and Reserve Component Soldiers. This cross reference table states that Soldiers will be assigned an RE code of 4 when discharged under the QMP.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was discharged under the QMP. Pertinent Army regulations provide that Soldiers discharged under this program will be assigned an RE code of 4.
2. An RE code of 4 was the appropriate code for the applicant based on the guidance provided in applicable regulations for Soldiers separating under the QMP.
3. His desire to reenter the Armed Forces is noted; however, there are no provisions in current Army regulations authorizing changes in his assigned RE code for this reason.
4. Based on the foregoing, there is no basis to grant the 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 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) AR20130000658
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ABCMR Record of Proceedings (cont) AR20130000658
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