IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130006749 


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 be changed.

2.  The applicant states:

* his RE code is unjust and incorrect
* he was not discharged due to injury or illness
* he was found fit for duty by a medical review board while on active duty
* he was not informed when he out-processed what the RE code was or meant
* he only learned of the definition of the code within the past two months
* he obtained a letter from a podiatrist that contradicts the RE code

3.  The applicant provides a letter, dated 18 March 2013, from a podiatrist.
 
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 on 12 September 1986 and trained as a military police.

3.  On 23 September 1991, a Physical Evaluation Board found him fit for duty.   

4.  On 19 November 1991, he requested early separation and his request was approved on 25 November 1991.

5.  He was honorably released from active duty on 10 January 1992 under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), paragraph 16-12, for convenience of the government – Fiscal Year (FY) 1992 Early Transition Program.  He completed 5 years, 3 months, and 
29 days of creditable active service.

6.  His DD Form 214 further shows in:

* item 25 (Separation Authority) – Army Regulation) 635-200, paragraph 
16-12
* item 26 (Separation Code) – LCC
* item 27 (Reentry Code) – 3C
* item 28 (Narrative Reason for Separation) – convenience of the government – FY 1992 early transition program

7.  He provides a letter, dated 18 March 2013, from a podiatrist who states:

* the applicant was examined in the podiatry department on 27 February 2013
* he has a history of flat foot reconstruction in 1994 and a fibular sesamoidectomy in 2011, both on his left foot
* since his sesamoidectormy, he denies any problems or discomfort in his feet
* he relates to walking 2-3 miles per day without pain
* his gait is normal
* all joint ranges are as expected, given his history
* no pain is able to be elicited to touch
* he has normal muscle strength and is able to perform all strength tests without pain, including heel rise test
* he does not possess physical limitations that would keep him from performing his necessary military duties  

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for separation of members from active military service, and the SPD code to be used for these stated reasons.  The reason shown for a discharge based on SPD code LCC is "Reduction in authorized strength" and the regulatory authority is Army Regulation 635-200, paragraph 16-8.

9.  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 the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Chapter 3 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces RE codes.

	a.  RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated.

	b.  RE-3C at the time applied to Soldiers who have completed over 4 months of service who do not meet the basic eligibility pay grade requirements or who have been denied reenlistment under the qualitative retention process.  They are ineligible for enlistment unless a waiver is granted.

10.  Army Regulation 601-280 (Army Retention Program), in effect at the time, stated that a Soldier may not exceed the retention control points as shown in Table 3-1 by more than 29 days before expiration of contracted service (reenlistment or extension).  Table 3-1 states that the retention control points for Soldiers in the ranks of corporal to specialist will not exceed beyond 8 years.  

11.  The SPD/RE Code Cross Reference Table, in effect at the time, shows that Soldiers given a separation code of "LCC" will be given RE-2B; however, it also states that a Soldier who fails to meet grade and service criteria will be assigned an RE code of 3C.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, the evidence of record shows the applicant was a specialist four with 5 years, 
3 months, and 29 days of active service at the time of separation.  Since he was not eligible for reenlistment, it appears the RE code of 3C was proper.  

2.  His RE code was administratively correct and in conformance with applicable regulations at the time of discharge.  Therefore, there is no basis for granting the applicant's requested relief.

3.  His current RE code is a waivable code.  Therefore, the applicant may still apply for service in the Armed Forces by requesting the appropriate waiver.

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)                                         AR20130006749



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ABCMR Record of Proceedings (cont)                                         AR20130006749



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