IN THE CASE OF:	

		BOARD DATE:	  31December 2013

		DOCKET NUMBER:  AR20130005271 


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 eligibility (RE) code of "3" be changed to an RE code of "1."  

2.  The applicant states a board adjusted his RE code and while he was awaiting a response one of his family members asked for his help with their business.  His obligation to his family's business is now over.  Military regulations have since changed and the adjustment is required for his return to service of his country.

3.  The applicant provides no additional evidence in support of his application. 

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 2 February 2000, he enlisted in the Regular Army for a period of 5 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Police).

3.  On 3 October 2000, he accepted nonjudicial punishment (NJP) for intentionally injuring himself by burning his arm with a cigarette multiple times, such conduct being prejudicial to good order and discipline in the armed forces.  His NJP included reduction to pay grade E-1.

4.  On 3 January 2001, the appropriate authority directed he be discharged under the provisions of chapter 9 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) for alcohol abuse rehabilitation failure with a general discharge under honorable conditions.

5.  On 11 January 2001, he was discharged.  He completed 11 months and 
10 days of active service that was characterized as under honorable conditions.  His DD Form 214 with a separation date of 11 January 2001 provided the following information in:

* item 25 (Separation Authority) - Army Regulation 635-200, chapter 9
* item 26 (Separation Code) - "JPD"
* item 27 (Reentry Code) - "4"
* item 28 (Narrative Reason for Separation) - Alcohol Rehabilitation Failure

6.  The applicant applied to the Army Discharge Review Board (ADRB) to change the narrative reason for his discharge.  On 5 May 2008, the ADRB found that the narrative reason for his discharge was inequitable.  The ADRB voted to change the RE code on the DD Form 214 to a "3."

7.  On 21 May 2008, the applicant was reissued a DD Form 214 with the following information in:

* item 25 - Army Regulation 635-200, paragraph 5-3
* item 26 - "JFF"
* item 27 - "3"
* item 28 - Secretarial Authority
  
8.  Pertinent Army regulations state 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.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the Army Reserve.  
Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  

	a.  An applicant who has been separated from any component in the grades of E–3 or below as a result of reduction in grade or disciplinary action will not be considered for a grade determination without coordination with the Commanding General, U.S. Army Recruiting Command.

	b.  Table 3-1 provides U.S. Army RE codes.
	
* RE-1 applies to individuals completing their enlistment who are 	considered qualified to reenter the U.S. Army
* RE-3 applies to individuals who are not considered fully qualified for 	reentry or continuous service at the time of separation, but 	disqualification is waivable; these individuals are ineligible for 	enlistment unless a 	waiver is granted

9.  Army Regulation 635-5-1 (Separation Program Designator (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.  The SPD code "JFF" is the appropriate code to assign to Soldiers involuntarily separated under the provisions of Army Regulation 635-200, paragraph 5-3, by reason of "Secretarial Authority."  

10.  The SPD/RE Code Cross Reference Table, dated 15 June 2006, stipulates that the RE code for members separated with SPD code "JFF" would be determined by the HQDA directive authorizing the specific separation.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-3 states the separation of enlisted personnel under this paragraph is the prerogative of the Secretary of the Army.  Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the best interest of the Army.  Such authority may be given either in an individual case or by an order applicable to all cases specified in such order.

DISCUSSION AND CONCLUSIONS:

1.  According to the SPD/RE Code Cross-Reference Table the appropriate RE code for the SPD code of "JFF" was to be determined by the HQDA directive authorizing the specific separation.

2.  The ADRB changed the reason for his discharge and changed his SPD code to a "JFF."  The ADRB decision, acting on behalf of the Secretary of the Army, is the HQDA directive determining the appropriate RE code as "3."

3.  Under current regulations he is not eligible for reenlistment without a waiver because his pay grade was E-1 as a result of reduction in grade or disciplinary action.

4.  The applicant contends that military regulations have changed and his RE code should now be changed.  Although there have been some changes to Army regulations since 21 May 2008, none of these changes would make him eligible for enlistment without a waiver.

5.  In view of the above, the RE code 3 assigned by the ADRB is correct.  

6.  The applicant is advised that although his RE code of "3" was properly assigned, this does not mean that he is totally disqualified from returning to military service.  The disqualification upon which the RE-3 was based may be waived for enlistment purposes.  The applicant is advised that if he desires to enlist, he should contact a local recruiter who can best advise him on his eligibility for returning to military service.  These individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers for the applicant’s RE code.

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)                                         AR20130005271



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ABCMR Record of Proceedings (cont)                                         AR20130005271



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