IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130009149
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 her reentry eligibility (RE) code be changed to RE-1.
2. The applicant states:
* the RE code on her DD Form 214 states "3"
* she is in the process of trying to reenter the military for a different military occupational specialty
* her injury has become tolerable over time and she is now able to run and stand for longer periods of time
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 15 November 2001 for a period of 5 years. She trained as a military police.
3. Her record is void of the specific facts and circumstances surrounding her discharge action. However, her DD Form 214 shows she was honorably discharged on 22 October 2005 under the provisions of Army Regulation 635-40, paragraph 4-24b(4), for disability, existed prior to service, Physical Evaluation Board (PEB). She completed 3 years, 11 months, and 8 days of creditable active service.
4. Her DD Form 214 shows in:
* item 25 (Separation Authority) - AR (Army Regulation) 635-40, PARA (paragraph) 4-24b(4)
* item 26 (Separation Code) - JFM
* item 27 (Reentry Code) - 3
* item 28 (Narrative Reason for Separation) - DISABILITY, EXISTED PRIOR TO SERVICE, PEB
5. Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code JFM is Disability, Existed Prior to Service, Physical Evaluation Board (PEB) and the regulatory authority is Army Regulation 635-40, paragraph 4-24b(4).
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 the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the RA and the U.S. Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes:
* RE-3 applies to persons who are not considered fully qualified for reentry or continuous service at the time of separation, but the disqualification is waivable
* RE-1 applies to persons completing an initial term of active service who were fully qualified when last separated
7. The SPD/RE Code Cross Reference Table, dated 8 September 2005, shows that Soldiers assigned an SPD code of JFM will be assigned an RE code of 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. Unfortunately, without her complete discharge packet/medical records and in the absence of evidence to the contrary, it must be presumed her RE code was administratively correct and in conformance with applicable regulations. Therefore, there is no basis for granting the applicant's requested relief.
2. Her 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) AR20130009149
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ABCMR Record of Proceedings (cont) AR20130009149
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