IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140004708
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 that his Reenlistment (RE) Code be changed from an RE-2 to RE-1 and that he be issued a National Defense Service Medal (NDSM) set.
2. The applicant states he was separated for the convenience of the government and should have received a RE Code of RE-1 as an RE-2 code is detrimental and unwarranted. He also states that he was never issued an NDSM Medal set.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted on 9 September 1966. He completed his basic training at Fort Benning, Georgia and his advanced individual training as a supply clerk at Fort Dix, New Jersey before being transferred to Korea on 8 January 1967.
3. He departed Korea on 9 January 1968 and was transferred to Fort Polk, Louisiana where he remained until he was honorably released from active duty (REFRAD) on 10 June 1968 for the convenience of the government. He had served 1 year, 9 months, and 2 days of active service and was issued an RE Code of RE-2. His DD Form 214 issued at the time of his REFRAD shows he was awarded the NDSM and his marksmanship badges.
4. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings.
5. 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 Regular Army 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. At the time, RE Codes of 1 or 2 could be issued for personnel who are fully qualified for reenlistment depending on the circumstances surrounding the separation.
6. RE-2 applies to persons who are fully qualified for reenlistment and are separated for the convenience of the government and reenlistment is not contemplated.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his RE Code should be changed to RE-1 has been noted and found to lack merit. RE Code RE-2 was issued because the applicant was REFRAD due to the convenience of the government.
2. RE Code RE-2 has the same effect as RE-1 but simply denotes the reason the applicant was separated. It carries no negative connotation and reflects that the individual is fully qualified for reenlistment.
3. Accordingly, there is no error or injustice in his case and no basis to grant his request for a change in his 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) AR20140004708
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140004708
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