IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010442
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a reentry eligibility (RE) code which would allow her to enlist in the Air National Guard.
2. The applicant states she is an Army veteran who served 7 years and 6 months of active duty service. She is currently a police officer with the Jacksonville Sheriff's Office and has served her city in this capacity for 8 years and 8 months. She would like to continue her military service and be able to retire. She was discharged with disability severance pay. She contends she no longer has a disability and would like to have her RE code 3 changed to a code that would allow her to enlist into the Air National Guard. In the current Air National Guard regulation, applicants with prior military service and an RE code 3 are not qualified for entry.
3. The applicant provides:
* DD Form 214 for the period ending 3 May 2000
* letter from her physician, dated 30 May 2013
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 30 September 1998, the applicant enlisted in the Regular Army with almost 3 years of prior active duty service.
3. The applicant's DD Form 214 shows:
a. she was discharged on 3 May 2000;
b. her character of service was honorable;
c. the authority and reason for her discharge was Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph
4-24b(3), due to disability with severance pay;
d. her separation program designator (SPD) code was JFL; and
e. she was assigned an RE code 3.
4. The letter provided by the applicant's physician states the applicant had a physical examination on 30 May 2013 and was found to be within normal limits. The physician stated the applicant may return to work.
5. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria, policies, and procedures for enlistment and processing in 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. RE code 3 applies to persons separated from their last period of service with a waivable disqualification.
6. Army Regulation 635-5-1 (Separation Program Designator Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code JFL was the appropriate code for Soldiers separating under the provisions of Army Regulation 635-40, paragraph 4-24b(3), due to disability with severance pay. Additionally, the SPD/RE Code Cross Reference Table establishes RE code 3 as the proper RE code to assign to Soldiers for this reason.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her RE code should be amended because she no longer has a physical disability.
2. The RE code 3 establishing her ineligibility for enlistment/reenlistment without waiver was correctly entered on her DD Form 214 in accordance with governing regulations.
3. There is no apparent basis for removal or waiver of the applicant's disqualification that established the basis for the RE code 3.
4. In view of the foregoing, 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) AR20130010442
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ABCMR Record of Proceedings (cont) AR20130010442
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