IN THE CASE OF:
BOARD DATE: 30 December 2014
DOCKET NUMBER: AR20140006936
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his reentry eligibility (RE) code as an RE-2 or RE-1 vice RE-3B.
2. The applicant states under the current Uniform Code of Military Justice (UCMJ), the RE code would be higher (than 3B).
3. The applicant provides:
* DD Form 214
* Army Reenlistment Codes
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 applicants 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 applicants 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) for 3 years on 6 July 1964. He completed basic combat and advanced individual training and he was awarded held military occupational specialty 62E (Construction Machine Operator).
3. On 18 December 1964, he departed his Fort Ord, CA, training unit in an absent without leave (AWOL) status but he returned to military control on 21 December 1964.
4. On 23 December 1964, he accepted non-judicial punishment under the provisions of Article 15 of the UCMJ for this violation.
5. He served in Vietnam from 13 May 1965 to 12 May 1966.
6. He was honorably released from active duty on 7 July 1967. His DD Form 214 shows he completed 2 years, 11 months, and 28 days of total active service and he had 4 days of lost time under Title 10, U.S. Code, section 972. He was assigned Separation Program Number 201 and RE-3B.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the U.S. Army Reserve. Table
3-1 included a list of the RA 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. Prior to 28 February 1995, RE-2 applied to Soldiers who were separated for the convenience of the Government in accordance with Army Regulation
635-200, chapters 5 and reenlistment was not contemplated. They were fully qualified for enlistment/reenlistment if all other criteria were met. However, on
28 February 1995 Army Regulation 635-200 was revised, effecting the discontinued use of RE-2.
c. 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.
d. At the time, RE-3B applied to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation because of lost time, but disqualification is waivable. They are ineligible for enlistment unless a waiver is granted
e. RE-4 applies to Soldiers who are separated from their last period of service with a nonwaivable disqualification. They are ineligible for enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant accrued 4 days of lost time during his 3-year contractual enlistment. Although he was honorably released from active duty, there is no evidence he made up the lost time. As such, he was not fully qualified for reenlistment. Because he was not fully qualified for reenlistment, he was assigned RE-3 and because the reason for not being fully qualified was due to lost time, he was assigned RE-3B.
2. The applicant was assigned the correct and appropriate RE code. He provides no reason or argument to show it was in error or unjust. Therefore, he is not entitled to an RE-1. Additionally, the Army has discontinued the use of
RE-2.
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) AR20140006936
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006936
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019740
IN THE CASE OF: BOARD DATE: 10 February 2011 DOCKET NUMBER: AR20100019740 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Paragraph 27 provided that the DD Form 214 would be coded "RE-3," for all individuals, except those with over 18 years of active service, discharged under this regulation, so as to preclude reentry into the Army, unless authorized by appropriate authority. Army Regulations, in effect at the time, dictated that reenlistment code "RE-3" be assigned to Soldiers discharged...
ARMY | BCMR | CY2010 | 20100026883
As a result, the applicant's military service records should be corrected to show he was honorably discharged effective 24 September 1971 under the extraordinary provisions of the Department of the Army memorandum, dated 8 February 1978. The applicant received an RE code of 4 based upon his discharge for unsuitability, character and behavior disorder; however, the regulatory guidance states the reenlistment code "RE-3" will be assigned to Soldiers discharged under the provision of Army...
ARMY | BCMR | CY2008 | 20080001264
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2008 DOCKET NUMBER: AR20080001264 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. He was issued a RE Code of RE-3B. 9. Notwithstanding the action by the Board to award the applicant the AGCM, the applicant was properly issued an RE Code of RE-3B based on his having lost time during his last period...
ARMY | BCMR | CY2014 | AR20140007921
The applicant requests upgrade of his characterization of service and correction of his date of discharge. His DD Form 214 shows he had 1 year, 5 months, and 13 days of creditable active service, 77 days of lost time, and a reentry eligibility (RE) code of 4. b. Paragraph 3-7b states that a general discharge (GD) is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge; and c. Chapter...
ARMY | BCMR | CY2014 | 20140013903
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. He was honorably discharged from active duty in the rank/grade of SP5/E-5 on 6 April 1981 in accordance with chapter 2 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) by reason of completion of his required service. ...
ARMY | BCMR | CY2008 | 20080006945
A separation code of "LBK" was used for Regular Army Soldiers eligible to reenlist who were released from active duty on completion of enlistment and transferred to the Reserve Component to complete a military service obligation. Although the applicant was released from active duty and transferred to the USAR Control Group, his official record shows he was denied immediate reenlistment and assigned an RE code of RE-3B. The applicant provided no evidence in support of his contention that he...
ARMY | BCMR | CY2009 | 20090005369
The applicant requests: a. an upgrade of his general discharge under honorable conditions to a fully honorable discharge; b. in effect, correction of his separation code of "JHJ" and Narrative Reason for Separation "Unsatisfactory Performance"; and c. an upgrade of his Reenlistment Eligibility (RE) codes from "RE-3B and RE-3" to a more favorable code that may allow him to reenlist. The applicant's records show he enlisted in the Regular Army (RA) for a period of 3 years on 6 March 1984. ...
ARMY | BCMR | CY2010 | 20100028487
On 4 November 1981, he was released from active duty after the completion of his required active service with a general discharge under honorable conditions. It notes that an SPD code of "LBK" is the appropriate code when enlisted Soldiers are being involuntarily discharged upon completion of their required active service because they are ineligible for, barred from, or otherwise denied reenlistment at the time of separation. His SPD code LBK indicates he was involuntarily released from...
ARMY | BCMR | CY2007 | 20070007132
The applicant requests, in effect, that his Reentry (RE) Code of "3, 3B, and 3C" be change to a more favorable code and that his under other than honorable conditions (UOTHC) discharge be upgraded. RE-3C applies to Soldiers who have completed over 4 months of service who do not meet the basic eligibility pay grade requirements of AR 601-280, chapter 2, or who have been denied reenlistment and who are ineligible for enlistment unless a waiver is granted. The evidence shows the applicant was...
ARMY | BCMR | CY2009 | 20090009298
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that the SPD code JBK is the appropriate code to assign to RA Soldiers ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of enlistment and are separated under the provisions of chapter 4, Army Regulation 635-200, by reason of ETS. The applicant's contention that his SPD and RE codes should be upgraded and/or changed to allow...