IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002277
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 (RE) code be changed from a 3 to a 1.
2. The applicant states that as of 2009 he has been cleared of the condition for which he was discharged and he now desires to rejoin the military as an officer and serve his country.
3. The applicant provides a letter explaining his application, a Medical Report dated 1 December 2009 with the findings, and a Pulmonary Function Report.
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. On 31 July 2002, the applicant enlisted in the Regular Army (RA) for 5 years, training as an infantryman under the Ranger enlistment option, and a cash enlistment bonus. He completed one-station unit training at Fort Benning, Georgia and he was transferred to Fort Bragg, North Carolina for his first duty station.
3. He was subsequently transferred back to Fort Benning to undergo airborne training and he was then transferred to Fort Drum, New York for his last assignment.
4. He deployed to Afghanistan with his unit during the period 28 August 2003 through 16 June 2004 and he returned to Fort Drum. He was advanced to pay grade E-4 on 15 January 2005.
5. On 14 August 2005 he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24B(3), due to disability with severance pay. He had served 3 years and 14 days of active service and he was assigned a separation code of JFL and an RE code of 3.
6. Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes, based on their service records or reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the RA and the U.S. Army Reserve. Chapter 3 prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.
7. An RE code of 3 applies to persons not qualified for continued Army service, but the disqualification is waivable. A waiting period of 2 years from separation is required before a waiver may be submitted through a local recruiting office. Waivers are granted based on the needs of the service at the time of application. Inasmuch as needs change over time, individuals are encouraged to contact their nearest recruiting office periodically to determine the needs of the service at the time. The applicable regulations direct that an RE code of 3 be assigned for a separation code of JFL, which indicates separation for disability with severance pay.
DISCUSSION AND CONCLUSIONS:
1. The applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant was separated under the provisions of Army Regulation
635-40, paragraph 4-24B(3) and properly assigned an RE code of 3 based on his reason for discharge in accordance with the applicable regulations.
3. The applicants contentions have been noted. However, there are procedures whereby the applicant can apply to a local recruiter for a waiver of his RE code if he is in fact physically qualified and the needs of the service at the time justify his return.
4. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20130002277
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ABCMR Record of Proceedings (cont) AR20130002277
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