IN THE CASE OF:
BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130009371
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 amendment of his reentry eligibility (RE) code.
2. The applicant, a retired Regular Army sergeant first class, states he wants his RE code changed so he can enlist in the U.S. Army Reserve.
3. The applicant provides a copy of his 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 21 January 1983. He was honorably retired in the rank of sergeant first class on 31 January 2006 after completing 23 years and 10 days of active service.
3. His DD Form 214 shows in:
* block 23 (Type of Separation) "RETIREMENT"
* block 25 (Separation Authority) "AR 635-200, CHAP 12"
* Block 26 (Separation Code) "RBD"
* block 27 (Reentry Code) "4R"
* block 28 (Narrative Reason for Separation) "SUFFICIENT SERVICE FOR RETIREMENT"
4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code for sufficient service for retirement is RBD.
5. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. This cross reference table shows SPD code RBD has a corresponding RE code of 4R.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Active Army, Army National Guard, and U.S. Army Reserve. 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 prescribes basic eligibility for prior-service applicants for enlistment and includes a list of Armed Forces reentry codes. Table 3-1 shows RE-4R applies to Soldiers who retired for length of service with 15 or more years of active Federal service. These Soldiers are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's RE code was assigned based on his retirement from active duty.
2. He was assigned an SPD code of RBD and an RE code of 4R. The SPD code was the appropriate code based on the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12. The corresponding RE code for SPD code RBD is 4R.
3. There is no basis for granting the applicant's request.
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 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) AR20130009371
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ABCMR Record of Proceedings (cont) AR20130009371
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