IN THE CASE OF:	  

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20140007830 


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 reentry (RE) code from RE-3C to a more favorable code. 

2.  The applicant states, in effect, he needs the upgrade in order to be accepted into Army National Guard (ARNG) Title 32 Active Guard Reserve (AGR) positions.  He was discharged in February 1993.  He was part of the reduction in force in 1992/1993 because he had been an E-4 for many years, despite being promotable.  He was given separation pay and he was not allowed to reenter Title 10 active duty status.  He was recently made aware that this code makes him ineligible for the Title 32 AGR program. 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 7 February 1993
* ARNG Current Annual Statement
* Noncommissioned Officer Evaluation Reports (NCOERS) from 2002 to 2012

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's records show he enlisted in the Regular Army (RA) on 14 August 1984 and he held military occupational specialty 19E (M60 Armor Crewmember), and later 19K (M-1 Armor Crewman).  He appears to have reenlisted on 3 June 1986.  

3.  He served in the U.S. Army Europe for 2 years, 10 months, and 8 days, and he was promoted to specialist four (SP4)/E-4 on 1 October 1985.  

4.  He was honorably released from active duty on 6 November 1987 due to not meeting body fat standards.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 for this period of service shows he completed 3 years, 2 months, and 23 days of active service.  

5.  He enlisted in the RA in the rank/grade of SP4/E-4 for a period of 4 years on 8 February 1989.  He served in Korea from 19 February 1990 to 18 April 1992.  He was subsequently reassigned to Fort Stewart, GA.  

6.  He was honorably discharged from active duty on 7 February 1993 in accordance with chapter 4, Army Regulation 635-200 (Personnel Separation) by reason of expiration of term of service.  His DD Form 214 for this period of service shows:

   a.  he completed 4 years of active service during this period and 3 years, 
2 months, and 23 days of prior active service, for a total of 7 years, 2 months, and 23 days.  He also received separation pay. 

	b.  Item 26 (Separation Code) shows the entry "JBK" and item 27 (Reentry Code) shows the entry "3C."

7.  He appears to have enlisted in the Vermont ARNG.  He provides several NCOERs pertaining to his ARNG service.

8.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation states, in pertinent part, that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  The regulation also stated that to preclude reentry into the Army of personnel denied reenlistment in accordance with this regulation, the DD Form 214 of individual separated will be coded RE-3C and Army Regulation 600-200, chapter 4 applies.  Chapter 4 (Qualitative Management) established policy and prescribed certain procedures for denying reenlistment to enlisted personnel who were determined to be non-progressive and/or nonproductive.  The procedures contained in this chapter were in addition to those available to the local commander in Army Regulation 201-280. 

9.  Army Regulation 601-210 (RA and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA and the U.S. Army Reserve (USAR).  Table 3-6 (Armed Forces Reenlistment Eligibility Codes) of this regulation, in effect at the time, states, in pertinent part, that RE-3C applies to persons who have completed over 4 months service who do not meet the basic eligibility pay grade requirements of chapter 2, Army Regulation 601-280 (Army Retention Program).    

	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 unless a waiver is granted.

	c.  RE-3B applied to persons who had lost time during their last period of service.

	d.  RE-3C applied to Soldiers who have completed more than 4 months service who do not meet the basic eligibility pay grade requirements of chapter  2, Army Regulation 601-280, or who have been denied reenlistment under the Qualitative Retention Process according to chapter 10, Army Regulation
601-280.

10.  Army Regulation 601-280, in effect at the time, stated, in pertinent part, that the retention control point for Soldiers serving in the pay grades of E-3 and below is a maximum of 3 years.  Soldiers serving in the pay grades of E-4 and below who are beyond their retention control point are ineligible to reenlist or extend their enlistment and must separate not later than 29 days after reaching their retention control point regardless of current enlistment agreement.


DISCUSSION AND CONCLUSIONS:

1.  The applicant exceeded the number of years of service he was allowed to remain on active duty as an E-4.  He completed a total of 7 years, 2 months, and 23 days of active service.  He was discharged from active duty under chapter 4 of Army Regulation 635-200 at the expiration of his term of service after having been determined to be non-progressive and/or nonproductive and therefore denied reenlistment.  Accordingly, he was assigned an RE code of RE-3C, which was the correct RE code for his situation.  

2.  His post-service achievements and accomplishments are noted.  Furthermore, his desire to enter the AGR program is a noble one and he is to be commended for his enthusiasm.  However, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  He received the proper and correct RE code and there is no reason to change that. 

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)                                         AR20140007830



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ABCMR Record of Proceedings (cont)                                         AR20140007830



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