IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140006352
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show a more favorable Reentry (RE) Code.
2. The applicant states, in effect, that he no longer believes the things that led him to claim conscientious objector status and he desires to join the National Guard and give back to the people.
3. The applicant provides a copy of his DD Form 214.
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 (RA) on 9 October 2001. He completed his one-station unit training as a military police at Fort Leonard Wood, Missouri and was transferred to Germany for his first and only assignment.
3. On 20 November 2003, he submitted a request to be classified as a conscientious objector. His entire chain of command supported his request and on 2 June 2004, the Department of the Army Conscientious Objector Review Board directed the applicant's discharge under the provisions of Army Regulation 600-43 as a conscientious objector.
4. On 15 July 2004, he was honorably discharged under the provisions of Army Regulation 600-43 as a conscientious objector. He had served 2 years,
9 months, and 7 days of active service and he was issued a Separation Code of KCM and an RE Code of 4.
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 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment processing into the RA, U.S. Army Reserve, and the Army National Guard. Chapter 3 prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. They are qualified for enlistment if all other criteria are met.
b. RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. They are ineligible for enlistment unless a waiver is granted. A waiting period of
2 years from separation is required before a waiver may be submitted through a local recruiting office.
c. RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as commission of serious offenses, which includes the abuse of illegal drugs.
6. Army Regulation 635-5-1 provides that a separation code of KCM will be assigned to enlisted personnel separated from the service under the provisions of Army Regulation 600-43, due to conscientious objector status. An RE code of 3 is assigned when a separation code of "KCM" is used.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged under the provisions of Army Regulation
600-43 conscientious objector status and was properly assigned a separation code of KCM. However, he was improperly assigned an RE code of 4.
2. The applicable regulation provides that an RE code of 3 is assigned when a separation code of "KCM" is used.
3. Therefore, his DD Form 214 should be corrected to show his RE Code as 3.
4. Accordingly, he is not precluded from applying for a waiver of his RE code at a nearby recruiting office if he is otherwise qualified and the needs of the Army at the time justify his return to service.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his RE Code in block 27 of his DD Form 214 as 3.
_______ _ __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) AR20140006352
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ABCMR Record of Proceedings (cont) AR20140006352
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